Slips, trips and falls due to the negligence of an owner or maintainer of real property are a major cause of serious injuries. The laws that govern the rights of property owners and those who are injured on their property in Illinois can be quite restrictive. For instance, although we live in a northern climate where serious falls on snow and ice are common, the law does not guarantee the recovery of damages for an individual injured in a fall just because it occurred on someone else’s property. In general, Illinois law states that property owners or managers are only responsible for removing unnatural accumulations of ice or snow, such as ice caused by a leaking gutter or that is formed in a pothole in a driveway. The Natural Accumulation rule does not require that an owner remove “natural” accumulations (i.e. no duty to shovel sidewalk). There is also a large body of law governing how property owners and managers must “maintain” their property, such as staircases, handrails, ramps, doorways, and the like.
The reality is, in most slip and fall or other types of premises liability cases, what may appear to be a clear-cut claim actually turns into a legal struggle to establish negligence on the part of a property owner, manager or maintenance contractor, while at the same time minimizing any claim of comparative fault on the part of the injured person. Under these circumstances, it is important to have the assistance of an experienced personal injury attorney.
Arnold and Kadjan, LLP understands the complexities of the law in this area. We know how to analyze the facts of the case and we are skilled at locating witnesses and taking thorough depositions to help prove our client’s claims. And, as with all our personal injury cases, we bring an unwavering commitment to help our clients recover the maximum compensation allowed by law.