Slip-and-fall accidents can happen to anyone, anywhere. When they occur, determining liability can be confusing, especially given the many myths and misconceptions surrounding the topic.
Understanding who is responsible and under what circumstances can significantly impact the outcome of a case.
Myth: Property owners are responsible
Many people think that property owners are generally liable for slip and fall accidents. This is not true. In Illinois, the injured person must prove that the property owner knew about the dangerous condition and did not fix it or warn about it. The property owner must have been negligent in maintaining the property.
Myth: Warning signs prevent all liability
Some believe that posting a warning sign eliminates liability. However, a warning sign does not always absolve the owner of responsibility. The property owner must still take reasonable steps to fix the hazard. If a warning sign is not enough to prevent injury, the owner may still be liable.
Myth: Those injured cannot be at fault
Another common myth is that the injured party cannot be at fault in a slip-and-fall case. In reality, Illinois follows a modified comparative negligence rule. If the injured party is more than 50% at fault for the accident, they cannot recover damages. If they are less than 50% at fault, their compensation is reduced by their percentage of fault.
Myth: Only serious injuries qualify
Some think that only severe injuries qualify for a slip and fall claim. Even minor injuries can be grounds for a lawsuit if the property owner’s negligence caused the accident. Injured parties can seek compensation for medical bills, lost wages and pain and suffering, regardless of the injury’s severity.
Myth: Cases are easy to win
Many believe that slip-and-fall cases are easy to win. In fact, they can be complex and challenging to prove. The injured person must provide evidence of the property owner’s negligence, the dangerous condition and the injuries sustained. This often requires gathering witness statements, medical records and expert testimony.
Myth: You have unlimited time to file a claim
Some people think they have unlimited time to file a slip-and-fall lawsuit. In Illinois, the statute of limitations for personal injury cases is two years from the date of the accident. If you do not file within this period, you may lose your right to seek compensation.
Understanding these myths can help those injured make informed decisions and better navigate the legal process after a slip and fall accident.
