Chicago Slip And Fall Lawyer

Chicago Slip And Fall Lawyer  | The Law Office Of M. Andrew Hamilton, P.C. | Chicago Personal Injury Attorneys

Accidents can be life-changing events and happen at the most unexpected time and places.  While slipping and falling can be painful and embarrassing, a common scenario can involve expensive medical bills, pain & suffering, loss of a normal life, permanent disability and disfigurement, and sometimes even accidental death.  Many factors contribute to slip and fall accidents.  Most slip and fall accidents involve the theory of negligence or the fault caused by the responsible owner or property manager of the location where someone slips and falls.  

If you have been injured due to another’s negligence, getting the assistance and legal representation from a skilled and experienced Chicago slip and fall lawyer is essential for you.  At the Law Office Of M. Andrew Hamilton, P.C., we diligently work to achieve the best possible outcome for our clients.

For a free initial consultation with one of our experienced Chicago personal injury attorney, contact our office at (312) 999-7890 today or fill out our online form.

Schedule a Free Initial Consultation

What are Slip and Fall Accidents?

A slip and fall accidents are the type of injuries that are caused and occur on an owner’s land or property managers (sometime referred to as “occupiers of land”) of the land.  Accidents can happen either on public or private property caused by an unreasonable dangerous condition on the premises.  For a private owner or property manager, they have a duty as an owner or property manager to exercise ordinary and/or reasonable care to ensure the property was reasonably safe for use of someone who is lawfully on the premises.  Without proper maintenance or upkeep, there can be significant safety concerns to individuals on their property. Both private property owners and public property owners may have a responsibility to minimize the risk of accidents on their premises, especially if it voluntarily undertook an unreasonable act to repair the subject property.

If the property owner or property manager (1) created the condition and risk on the premises, or (2) knew or should have known of the dangerous condition and risk on the premises, but failed to prevent, warn, or make the appropriate repairs, then they could be held liable or responsible to an injured victim.

Some common slip or trip and fall accidents that occur on both private and government property that can cause injury to someone are the following:

  • Broken or defective stairways, steps, handrails, elevators, and escalators. 
  • Slippery floor surfaces and textures. 
  • Improper maintenance of walkways, sidewalks, and parking lots.  
  • Improperly secured or loose carpets, mats, and flooring. 
  • Insufficient lighting (dim lighting can prevent people from seeing potential hazards in their path like potholes or debris).
  • Lack of signs, displays, or barriers to warn of potential hazards.
  • Obstructions such as debris and clutter. 
  • Uneven or cracked floors or surfaces.
  • Objects or liquid substance, such as banana peels, soaps, water from bottled water or store freezers, fruits and vegetables (usually at a grocery store), on the floor or surface. 

Unfortunately, slip and fall incidents can lead to short- or long-term injuries. While these accidents can happen anywhere, if the property manager’s or owner’s negligence or reckless conduct contributed to the slip and fall injury, then the injured victim may have the right to take legal action. This can entitle the victim to receive compensation (money) for medical expenses, loss of a normal life, permanent scarring and disfigurement, lost wages, and pain and suffering (temporary and permanent) he or she experienced as a result of their slip and fall accident.

If you have suffered from a slip and fall due to another property manager’s or landowner’s negligence or reckless conduct in Chicago, you may be able to file a claim for compensation.  At the Law Office of M. Andrew Hamilton, P.C., our experienced Chicago team of attorney and staff, led by Andrew Hamilton, understand the significant impact these accidents can have on a victim’s life, career, and family.  We may be able to offer representation and assist you in obtaining the best possible compensation you deserve. 

Call us at (312) 999-7890 to schedule a free initial consultation.

Looking for Experienced Attorney?

Unlike others you will be speaking with the attorney Andrew Hamiliton and he will guide you throughout your process.

What are the Risks Involved with Slip and Fall Accidents?

Unfortunately, falls (whether someone slips or trips) represent a significant amount of hospital admissions in the United States each year.

Slip and fall accidents can injure multiple parts of the body including:

  • Head or traumatic brain injury
  • Shoulders
  • Neck
  • Back
  • Hips
  • Legs
  • Knees
  • Ankles
  • Feet
  • Cuts, contusions, or abrasions
  • Nerve damage
  • Broken bones or fractures
  • Even wrongful death

Slip and fall injuries can cause someone to have:

  • Hospital treatment
  • Primary care treatment
  • Physical therapy treatment
  • Pain management treatment
  • Occupational Therapy or rehabilitation 
  • Diagnostic tests, such as an MRI, CT Scan, or x-rays
  • Injections
  • Surgeries
  • And more

Premises liability claims or slip and fall accidents can cause financial problems to an injured person and their family.   It’s very common that an injured person will not be able to work due to his or her physical injury, and as such, will lose lost income from their employer.   The more medical treatment you receive, the more medical bills you incur.  While some individuals get better with immediate medical attention and rehabilitation, each case is different.  Each case must be dealt with on a case-by-case basis.  

It’s understandable that while recuperating, many victims are concern about the accumulating debt from the medical expenses and not being able to return to work.  The insurance companies for the landowners and property managers also predict your financial troubles as well.  Our experienced team and Chicago slip and fall lawyer at the Law Office of M. Andrew Hamilton, P.C. provides quality legal representation and has the necessary skills to protect our clients’ rights in and out of court.  We work diligently to give our clients the compensation they deserve.

To speak with our Chicago personal injury attorney and discuss your case, contact us and schedule a free initial consultation today at (312) 999-7890.

Schedule a Free Initial Consultation

Book a Cost-Free First Consultation

Need legal guidance? Schedule a free initial consultation with a qualified lawyer now and get expert advice on your case.

Experienced Personal Injury Lawyer Andrew Hamilton Discusses Chicago’s Comparative Negligence and Slip and Fall Laws

After an injury from a slip and fall accident caused by another, it makes sense to consider your legal options if you have sought medical attention related to your injuries.  In particular, you will want to assess the amount of your current and future medical bills, your lost income from work, and any other items that were damaged as a result of the slip and fall accident.  If the property manager or owner’s negligence contributed to your accident, you need to know how the law can impact your case. Getting the help of a skilled Chicago injury attorney can help you understand your rights.

Premises liability, under Illinois law, protects individuals and holds property owners and managers accountable for injuries and accidents caused by one of more of their negligent or reckless actions or omissions on individuals that have a right or permission to be on their premises.  In general, the duty owed by an owner or manager of property to an injured victim depends on the victim’s legal status (i.e. trespasser to land or non-trespasser).  Currently, Illinois law doesn’t recognize a distinction between invitees and licensees.  In Illinois, there is no significant difference between an invitee or licensee. The duty of ordinary or reasonable care is owed to both kinds of visitors (invitee and licensees) when they are hurt in an accident caused by the negligence of the property owner or manager.  

A trespasser is someone on another’s property without their expressed or implied permission to do so.  In fact, someone can become a trespasser if they go beyond where he or she was previously invited.  For example, if you are in a grocery store to shop and you later go into the manager’s office in the back of the store without their permission, you could be trespassing.   When someone is a trespasser, then generally, the owner or property manager could be liable for injury if it was willful and wanton.  However, if someone is a trespasser, an owner or property manager owe a duty to warn a trespasser of the condition on the premises if the land owner or property manager knew or should have known of the trespasser’s presence on the land and the object that caused injury to the trespasser presented a risk of great bodily harm or death and the trespasser would not have known about this risk.  Meaning, a property owner or manager may be liable because they have a duty to warn a trespasser if they knew or should have known that an “artificial condition” on the property posed a risk of serious bodily injury or death to the trespasser, and they knew or should have anticipated the presence of trespassers in “dangerous proximity to the hazard.”

However, there can be a significant difference in responsibility for a landowner’s or property manager’s duty to a 3rd person when it comes to trespassers, children, slip and fall on snow or ice, government property, or certain recreational facilities.  In fact, in some circumstances and depending on the 3rd person’s classification, there may be no duty or responsibility at all to some of these entities.   Each slip and fall claim is factually different and will involve different aspects of the law. Because of these challenges and classifications, it’s imperative to speak with a lawyer that knows the differences.  Please contact attorney Andrew Hamilton for more details.  

In a typical premises liability claim, the property owners or property managers may be held liable when injured victim can prove:

  • There was a condition on the land or property that presented an unreasonable risk of harm to the injured victim on the property. 
  • The landowner or property, using ordinary care, knew or should have known of the condition and the risk. 
  • The land owner or occupier could reasonably expect the injured victim on the land or  property wouldn’t realize or discover the danger; or would fail to protect himself or herself against the danger.
  • The landowner or property manager was negligent by one or more acts or omissions
  • The victim was injured. The injured victim seeks money damages from the land owner or property manage.
  • The landowner’s or occupier’s negligence was a proximate cause of the victim’s injury. 

In general, unless the landowner or property manager created the unreasonable dangerous condition that caused you to fall, you must prove that the landowner or property manager had notice of the dangerous condition before you fell on their premises.  The notice element is usually the most difficult to prove.  Without proving the owner or property manager knew or should have known (or the legal term of art, “notice”) of the condition, then liability cannot be imposed because notice was not established.  

In comparison, there are circumstances when you do not have to establish the “notice” requirement in premises cases.  If you can show, through circumstantial or direct evidence, that the dangerous condition was caused by the landowner or property manager’s acts or omissions as part of their business, then you may not need to prove the notice requirement and just prove that they were negligent (duty, breach, causation, and damages).  Meaning, there are less elements you have to establish to prove your case.  For example, if a person is injured at a grocery store after this customer’s foot was stuck in a slat of the grocery store pallet trying to reach for an item in the store, then notice may not have to be establish because the store placed the dangerous condition in that location and it (through its employees) should not have placed it at that location.  Another example is when someone slips on a pancake while walking to her booth that was previously dropped by a waiter at a breakfast restaurant that serves pancakes on its menu. 

Dealing with landowners or property managers of the land can be extremely challenging because they can have unlimited funds to defend the matter, a talented legal team, and proper staff trained to respond to the circumstances.  As a result, you should contact a lawyer immediately to properly investigate the true owners or property managers of the land where you were injured because businesses frequently operate under a pseudonym and not under their legal registered name.  They can be operate under a  “doing business as” or can be shielded through a trust.  Because there are time frames for filing claims, and failure to timely file a claim can forever bar your claim, it’s imperative you seek an attorney to ascertain the true identity of those responsible.   For example, it’s very common that a retail store or supermarket does not own the building, but rents from an unknown landowner that may be responsible for the defect that caused injury on the premises. You should consult with an attorney that can spot these issues immediately. 

If you or a loved one slipped and fell and was injured due to the negligence of a property owner or manager, you may be eligible to file a claim for compensation. Getting the assistance of a skilled Chicago slip and fall attorney in filing your claim can help ensure that your claim will be evaluated fairly, and you get the compensation you deserve. Our Chicago slip-and-fall lawyer at the Law Office of M. Andrew Hamilton, P.C. may be able to assist you in filing your claim. We work closely with professionals in the field to determine the maximum amount of compensation our clients can get and carefully review the existing evidence to strengthen your claim.

Contact us today at (312) 999-7890 to learn more about how we can help you and to schedule a free consultation.

Illinois has a modified comparative negligence law.  The injured party can still claim compensation as long as he or she can prove that the landowner or property manager was 50% or more at fault to receive a verdict in your favor.  Even if you attempt to settle before trial, the property manager or owner’s insurance adjuster sometimes will make an offer of a settlement to the injured party.  Premises liability claims are driven by facts.   Each case is different.  Depending on your facts and circumstances and your own culpability, they could reduce the value of your matter by the degree of fault.  It’s also possible the insurance company will not offer anything to you if it believes their insured is not responsible or it was an open and obvious condition.  

Slip and fall injury claims must also be filed within applicable time frame (also known as the statue of limitations) from when the accident happened. The statute of limitations in Illinois for filing personal injury claims must be strictly met in order to be eligible for compensation. This also applies to property damages that came as a result of the slip and fall accident.  Because there are exceptions to the time frame to file your claim that you may not be aware of, it’s critical you consult with an experienced Chicago slip and fall attorney.

Before you make any decisions and entertaining degrees of fault, consulting an experienced Chicago personal injury attorney can assist you in dealing with insurance adjusters and can help determine the actual worth of your claim. Your attorney can look at the circumstances of your case and determine your share of the fault and how it can affect your case. An attorney can also assist you in filing a lawsuit in the event that negotiations break down and you need to take the matter to court.

How to Determine the At-Fault Party in a Slip and Fall Case

In a city like Chicago where weather conditions can further aggravate the hazards contributing to slip and fall injuries, maintaining the safety of property is of utmost importance to property owners and managers.  Icy and snowy sidewalks serve a risk to pedestrians.  Generally, with some exceptions, property owners or property managers do not have a duty to remove natural accumulations of ice, snow, or melt water on their premises.

A private property manager or owner’s failure to clear a natural accumulation of snow and ice does not make them accountable for injuries under premises liability law.  For accumulations of snow and ice, an owner generally is not liable for injuries caused by snow or ice.  However, an exception to this general rule can impose liability if the owner aggravated or voluntarily acted in a way that caused the natural condition to become an unnatural condition. 

If the owner or property manager attempts to clear the snow that results in the following scenarios, they may be held responsible if a person gets injured in a slip-and-fall:

  • A faulty or exposed drain or a pipe on the property caused ice to accumulate and leak into walkway.
  • A snow removal company assigned to remove snow or ice in a business parking lot inadequately attempted to remove the snow or ice that caused injury.
  • A parking lot design defect could expose the designer to liability. 

If the clearing was delegated to a contractor and a person is injured, the contractor may be the one held liable for any accidents or injuries sustained.

Led by top-rated Chicago slip and fall attorney Andrew M. Hamilton, our team at at the Law Office of M. Andrew Hamilton, P.C. can help you navigate the complicated legal process of seeking compensation for your slip and fall injuries. Our practice is dedicated to providing quality legal services aimed to assist Chicago residents in returning back to their lives after an accident and fighting for the compensation they rightly deserve.

Our results speak for themselves. Contact our office today at (312) 999-7890 to schedule a free consultation.

How to File a Slip and Fall Claim against a Property Owner in Chicago

If you were injured as a result of a slip or trip and fall, your highest priority after an accident should be to get medical treatment.  A slip and fall accident can result in significant harm.  Some injuries may not be known until the next day or even weeks later.  While you may feel fine immediately after the accident, unseen injuries, unfortunately, can develop over time.  Make sure to get diagnosed by a qualified medical professional and keep a record of any medical advice and treatments physicians give you.

Sometimes stores, insurance companies, and businesses like to have a written record, or an incident report completed.  Your incident is likely not the first time someone has fallen in their store or on their property.  Please keep in mind, the questions are likely to benefit them, and not you.  In fact, sometimes they require the victims to complete an incident form at the scene where the person just slipped and fell.  Notwithstanding that you are likely suffering from a great deal of pain and agony in that very moment they are attempting to get you to assist them in their internal report, you do not have an obligation to complete a business’ incident report.  In fact, you may not even be in the right mindset to even know what you are writing on the form.  For these reasons, it’s best to seek the advice of a Chicago personal injury attorney that can assist you in these circumstances.

Gather all information you legally can about the site of the incident and the time it happened. If you can collect photos of the place as close to when the accident happened, it can help anyone evaluating the circumstances of your case establish a clearer image of the accident. You can also get the help of a trusted individual to assist you in collecting the information. Information such as the clothes you were wearing, shoes you were wearing, the weather conditions at the time of the accident, any witness information, or eyewitness accounts from staff. It is important to be as descriptive as possible.

You are also a key witness in the accident. Document how the slip and fall accident and the injuries affected you and your quality of life. You may also collect photos of your injuries, such as scars and bruises, and how they heal over time and record any problems you encounter while recovering. Your emotional and mental health is just as important as your physical well-being and can also be affected in an accident. Jotting down the details of the process of your recovery also gives benefits such as being able to track your progress so far.

Things to avoid after your accident include:

  • Oversharing the details of your case – Slip of the tongue statements can hurt your case. Avoid making any statements and only discuss details with a person you trust.
  • Agreeing to anything with the insurance company – Orally agreeing or signing a written agreement or a settlement with the insurance company can mean that you are also signing off your right to pursue a lawsuit. Without consulting an experienced lawyer, you may also be permanently accepting an amount that is lower than what you deserve under the law.
  • Waiting too long to file your case – Aside from the statute of limitations and statute of repose on personal injury cases in Illinois, waiting too long may open your claim up to being questioned and barred forever. The credibility of your witnesses may also be doubted as human memory is more fallible the longer time passes.
  • Dealing with the case on your own – Without the assistance of a skilled attorney, you may be opening yourself up to additional complications down the line. 

Our qualified Chicago slip and fall attorneys at the Law Office of M. Andrew Hamilton, P.C.  can assist you in filing your claim. We can walk you through every step of the process and assist you in getting the maximum compensation you deserve. Contact us today at (312) 999-7890.

We Are Here To Help

Unlike others you will be speaking with the attorney Andrew Hamiliton and he will guide you throughout your process.

How Can a Chicago Slip and Fall Lawyer Help?

Whether the case is simple or complex, a thorough investigation of the circumstances of a slip and fall accident is important. No detail should be skipped when it can serve as evidence of a person’s right to claim compensation for the injuries sustained. 

While each case is different, an experienced Chicago lawyer will also be able to determine the extent of the compensation the injured party could receive. This amount should take into consideration any changes to the victim’s quality of life, the kind of injuries they received, whether they’ll need additional medical attention even after physical recovery, the lost time incurred at work, and the injury’s potential impact on their personal and professional life.

Insurance companies can and will try to pin the blame on the victim or try to lowball the amount of compensation the injured party should receive. In fact, some insurance companies will seek a recorded statement with their line of questions (sometimes already prepared by their lawyers) to you, and box you in a corner.  A personal injury attorney’s job is to hold those wrongdoers responsible and protect and preserve the injured party’s rights. 

Your injury lawyer should be able to guide you through the facts of your case and help you understand the legal processes involved with filing a claim. If negotiations come to a stalemate, your lawyer should also be able to bring your case to court and prosecute your best interests.

Schedule a Free Initial Consultation

Schedule a Free Consultation With Our Top-Rated Chicago Slip and Fall Attorneys Today

If someone’s negligence has resulted in you being injured in a slip and fall accident, we may be able to assist. At the Law Office of M. Andrew Hamilton, P.C., our dedicated Chicago slip and fall attorney has the necessary skills and experience required to prosecute your rights under the law and pursue the maximum compensation you deserve. We work diligently to hold the negligent party accountable.  That’s why you need a fighter like Andrew Hamilton.  Andrew goes up against major corporations and businesses on a daily basis.

Contact us today at (312) 999-7890 to schedule a free consultation with a top-rated Chicago slip and fall attorney. We handle cases on personal injury law and proudly serve in the state of Illinois.

Table of Contents

Call Now Button