Slip and Fall or Premise Liability

When a party slips and falls because of a dangerous condition, the case is considered a “Slip and Fall” case and allows an injured party to obtain compensation against the property owner. A person can fall because of dangerous conditions within private apartment buildings, stores, or commercial properties.

Dangerous conditions consist of:

• Uneven or worn stairs
• Carpet or other flooring
• Inadequate lighting or signs
• Wet or cluttered areas or aisles

Building and property owners have a duty to maintain their property in a reasonably safe condition to avoid injuries.

Premise Liability

All slip and fall cases fall under the category of premise liability. The injured party is seeking to recover compensation from the owner of the building or home. These injuries arise directly from a defect in the building or from a fire or other accidents that arises out of the ownership.

To win a premise liability case, the injured party either needs to prove that the building owner created the dangerous condition which caused the injury or that the property owner knew or should have known about the danger and failed to eliminate or fix the danger.

Many premise liability cases require the injured party to show how the property owner received notice of the dangerous condition. Proving this notice is often the more challenging aspect of the case.

However, notice can be proven in a variety of ways, whether actual or constructive (the property owner should have known) and it is important to obtain legal assistance as soon as an injury occurs in order to conduct the appropriate investigation to establish notice.

Dangerous Conditions

Dangerous conditions arise when building owners violate state statutes or building codes. Building owners have a duty to maintain their building structures, including stairways, hand railings, entrances, and exits, in compliance with the applicable statutes and building codes.

A building owner commits negligence when he or she allows a dangerous condition to arise from a failure to comply with the building code and may be liable for any injuries that result from this lack of compliance.

Many pedestrians fall on uneven public sidewalks or other similar dangerous conditions. Vehicle accidents can also occur because of dangerous potholes or other conditions on the street. Every public municipality has a duty to maintain sidewalks and other areas where pedestrians are intended and permitted users. This same duty exists to the motorists using the streets.

 If an injury or automobile accident occurs because of a dangerous sidewalk, street, or other public area, the injured party may have a claim against the City or Municipality. However, in these types of premise liability cases, the City or Municipality must have notice of the dangerous condition and may assert specific statute imposed defenses, such as immunity.

It is important for any person injured in a public area to contact an attorney as soon as possible to investigate the claim against the City or Municipality.

Staver & Gainsberg

If you, a family member, friend, or co-worker has been injured because of a dangerous condition inside or outside a building or home or from a public area, please call Staver & Gainsberg at 312-422-1130 immediately.

The initial consultation is free. We will take most cases on a contingency basis, which means we do not get paid until we recover funds or obtain a monetary award.

The statute of limitation provides a specific time frame during which an injured party may bring a suit against property owners, cities, and municipalities; therefore, you should not delay in contacting Staver & Gainsberg regarding your premise liability case.

Disclaimer: The information on this website is not intended as a legal opinion or legal advice. The facts of every case are different and give rise to issues that may not even be discussed here. You are urged to consult an attorney who is licensed to practice in your area before you take any legal action.