Tripping and falling are common occurrences that can cause head, back, knees, or other body parts injuries. In addition, if you have been injured in an accident on someone else’s property due to a dangerous condition, you may be entitled to compensation.
However, it is essential to understand how personal injury cases work and what evidence needs to be collected for your claim to succeed.
At the Law Offices of Rosenfeld Injury Lawyers, LLC, our personal injury attorneys will help you evaluate your case and determine if you have grounds for a personal injury claim against the property owner or their insurance company based on negligence or recklessness.
Contact an Evanston personal injury attorney at (888) 424-5757 (toll-free phone number) or use the contact form today for immediate legal advice and schedule a free consultation with an Evanston slip and fall lawyer.
We can investigate the incident to determine:
- If there were any hazardous conditions present when the fall occurred
- Whether they were reported promptly
- Whether repairs were made timely
- Who was responsible for maintaining the premises where the slip-and-fall accident occurred?
National and Illinois Slip and Fall Statistics
Data reveals that slip and fall accidents are everyday occurrences nationwide. According to the National Safety Council (NSC), approximately 1.3 million people are injured annually due to slip-and-fall accidents at work and home, resulting in hospitalization costs of $6 billion annually.
The NSC also estimates that the average fall-related injury claim costs employers approximately $8,000 per incident. Most injuries could have been prevented with a little safety effort.
Accidents occur because of slipperiness, poor visibility, hazardous surfaces, and poorly lit areas. Winter ice accumulations compound the problem by creating slippery conditions when pedestrians walk on sidewalks, parking lots, and driveways in Evanston.
Every year there is an increase in injuries claims sustained due to slipping and falling on the ice and snow. In fact, between 2009-2013, Illinois residents filed more than 300 injury claims due to slipping and falling on icy surfaces in Evanston alone.
Common Slip and Fall Injuries Accident Victims Experience
Numerous injuries can result from a slip or fall, from minor bumps and bruises to life-changing brain, spine, or back trauma.
Following are some of the injuries we encounter when we represent the victims of premises liability accidents or workplace negligence:
- Broken bones: Whether falling from a great height or just tripping and falling to the ground, victims can suffer severe fractures that can sideline them for months while adding the financial burden of paying for expensive corrective procedures.
- Traumatic brain injuries can go unnoticed for some time because they are often asymptomatic until the damage has been done and it is too late. Complications can include cognitive impairment, neurological disorders, and loss of coordination.
- Nerve damage: Those suffering from nerve damage following an accident may lose sensation in the affected limb, lose motor function, or experience tingling or shooting pain.
- Death: In the unfortunate event that a victim dies from their injuries, their family may seek compensation for wrongful death if they can prove that the accident resulted from negligence on behalf of a property owner or employer.
Falling from a great height can be just as devastating as suffering catastrophic injuries in a car accident. Many personal injury claims involving slips and falls are based on life-altering changes, including traumatic brain injury, spinal damage, or crushed bones.
Proving Fault in an Evanston Slip-and-Fall Case
Establishing fault when you have been injured in a slip-and-fall accident is not always easy. However, establishing liability or proving fault depends on facts surrounding your fall and the property conditions at the time of the injury.
For a slip-and-fall case to be successful, three things must be established:
- The owner knew about the condition and did not address it promptly
- The person who tripped over an object was not being negligent at that time
- You were not intoxicated at the time of the accident
How to Report Evanston Slip-and-Fall Accidents
While slip-and-fall incidents are common, much like car accidents, they can be complicated personal injury cases to handle without legal representation from competent Evanston personal injury attorneys.
You must document the claim as soon as possible after it happens because the amount of evidence available will vary over time. You should immediately take these steps:
- Go to the emergency room for immediate medical attention
- Take pictures of your injuries, and accident scene, and speak with any witnesses who were there at the time
- Speak with an experienced Evanston personal injury attorney to determine if you have a viable claim
The slip and fall accident attorneys of Rosenfeld Injury Lawyers LLC work diligently to hold negligent property owners and employers accountable when they fail to meet their duty of care for those who occupy or visit their properties or work under their supervision.
These types of accidents can result in some of the most severe injuries our law firm encounters, especially when falls from considerable heights are involved.
We aim to ensure that every victim has access to the compensation needed to help them afford medical care, long-term rehabilitation, and any lost wages.
How Slip and Fall Accidents Happen in Evanston, Illinois
A slip-and-fall accident hit you entirely out of the blue and changed your life forever afterward. However, the physical pain and emotional suffering that can follow are unwarranted because property managers must ensure guests have access to a safe environment.
Here are some of the causes of these tragic accidents:
- Inclement or wintry weather: It is expected that Illinois property owners be prepared for all kinds of hazardous weather, including snow, sleet, and freezing temperatures. Parking lots must be cleared, walkways shoveled, and interior floors dry to protect tenants and guests.
- Defective staircases: Staircases must be regularly inspected to ensure they are free from hazards, such as loose steps, poor lighting, and objects that may cause a fall. The property owner may be held liable when someone is injured because of a poorly maintained staircase.
- Poor lighting: Providing adequate lighting is essential to guarantee the safety of others, as it allows people to see potential trip or slip hazards. Poorly lit entrances, exits, hallways, and staircases make it possible for people to fail to notice a wet floor, a patch of ice, or an object in their walking path.
- Defective balconies: A balcony collapse can be tragic and usually preventable when property managers ensure its construction design adheres to current building codes and is equipped with proper guardrails to keep people from falling over the side.
- Poorly maintained walkways and parking lots: Potholes, uneven pavement, and other common hazards that arise from poorly maintained parking lots and sidewalks can contribute to an accident.
- Failure to warn of hazards: Wet floors, open elevator shafts, and maintenance work that could place people at risk are all hazards that people need to be aware of to avoid risk. Failure to warn of these dangers is irresponsible, and property owners can be held liable.
- Workplace accidents: Some work environments are filled with hazards, increasing workers’ chance of injury. When proper safety measures are not taken, an employer can be considered responsible when an accident involves a worker.
Slip and fall injuries can happen anywhere at any time. It only takes a split second for your life to change forever. That is why it’s so vital that you take steps to protect yourself.
Call the slip and fall accident lawyers at Rosenfeld Injury Lawyers, LLC, today for immediate legal advice during a free case review if you believe you have been injured in an accident that may have been the result of a dangerous property.
Falls Among the Elderly
Another vulnerable demographic that is more prone to slip-and-fall injuries involves the elderly. The more years a person lives, the greater chance of sustaining an injury in their lifetime. According to the National Council on Aging, nearly two-thirds of older people fall yearly, and about 10 percent of falls result in serious injuries.
The most common accidents older adults face are slipping due to a wet floor or poorly maintained staircases. However, they can also suffer from hip fractures and head trauma if they trip and fall on uneven ground like gravel driveways and cracked sidewalks.
While there is no way to avoid the risk of injury when it comes to slips and falls, there are ways individuals can act in the event they are faced with this dangerous situation.
Slip and Fall Prevention While at Home
It’s essential to take precautions at home because most non-occupational injuries occur in places where people live. For example, the University of Texas says over 40 percent of older adult falls at home occur in the bathroom.
To prevent serious injury from a slip and fall accident, people should ensure their bathrooms are well-lit and provide traction on the floor with a mat or non-skid tape.
In addition, individuals can avoid injuries from a slip and fall accident by keeping their floors clear of clutter. It helps ensure the floor is not slippery, making it less likely for someone to trip or slip on something dropped.
People should also take extra precautions in the kitchen to avoid slipping due to a spill on the floor. It can be done by cleaning up spills immediately and keeping the floor clear of small toys.
Nursing Home Personal Injury Cases Involving Slipping and Falling
Nearly every slipping and falling accident in a nursing home occurs due to someone else’s negligence. Our personal injury lawyers have represented many nursing home residents who lacked supervision or assistance when transferring from the bed to the chair or toilet.
The injured resident usually suffers severe injuries, including broken hips, shattered ankles, or a traumatic brain injury when falling. In addition, these preventable sores often lead to other severe health conditions, including bedsores that develop due to the resident’s immobility while waiting for the bones to heal.
Some Evanston personal injury claims based on negligence also involve medical malpractice when the injured victim with a broken bone develops life-threatening pressure wounds. These sores can quickly develop into a deadly decubitus ulcer if the wound opens, exposing muscles, tendons, and bones.
Without immediate medical intervention, a Stage IV bedsore can claim the patient’s life within hours if sepsis (blood infection) or osteomyelitis (bone infection) is present. Others can develop gangrene from the severe infection leading to amputation or invasive surgery.
Our Evanston, IL slip and fall lawyers can bring relief knowing that our legal team has resolved many slip and fall cases in northern Illinois and won millions for our clients.
Let a competent Evanson, IL, personal injury lawyer guide you through this challenging legal process. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Slipping and Falling at Work
Workplace accidents leading to slips and falls are common in many industries, including construction. Excavation and construction sites, retail stores, and restaurants are among the most dangerous work environments for slipping and falling.
Construction Sites
The Occupational Safety and Health Administration (OSHA) found that workers in the excavation industry were eight times more likely to be injured between 1997-2007 than employees in other private industries. As a result, in 2009, OSHA proposed a new rule to reduce the number of fatalities in construction accidents, which included slip and fall incidents.
Retail Stores
According to industry experts, slips, trips, and falls are the leading cause of injuries in US retail stores. The National Retail Federation states that employees can take up to 3 weeks off after suffering an injury from a slip and fall accident.
Retail stores like Wal-Mart and Target that operate on thin profit margins can’t afford to pay employees to sit around after they’ve been injured because of someone else’s negligence.
Restaurants
It’s common for restaurants to serve customers food off dirty plates or with unwashed hands, increasing the risk of contamination. However, because they care about people and want to serve them healthy meals, people in the restaurant quickly realize that constant exposure to this kind of danger is not worth it.
Restaurant owners can be liable for slips and falls if their employees fail to act when a potential hazard occurs, such as not warning customers of a spill on the floor. In addition, restaurant owners can be held liable for slip and fall accidents if they fail to act when a customer spills food or drinks on themselves, such as failing to clean up the mess from spilled coffee or hot soup.
Slips and falls are a leading cause of injury in US workplaces, including Cook County. While accidents in the workplace can happen to anyone, waiters or bartenders are at a higher risk due to the proximity to customers and heavy objects like trays and kegs of beer.
Proving Liability
Slip and fall injuries can be debilitating and lead to severe chronic pain. They also may cause long-term health problems, including nerve damage, spinal cord injury, and overall well-being.
If someone is injured by a slip and fall accident while on the job, they can file a claim with worker’s compensation to help defray some of their medical bills. They must prove that the injury was work-related and not due to their negligence.
Through the civil court system, they can also pursue legal action against an entity deemed liable for their serious injuries. Four elements must be proven to win a slip-and-fall case in Illinois, which include:
- The owner or occupant of the property owed a duty to the injured party
- The owner or occupant breached this duty
- The injured party was harmed
- The breach of duty caused the injury
The victim must also prove that the owner or occupant of the property did not use reasonable care to protect them from dangerous conditions on the premises. It is typically done by taking photographs before, during, and after an alleged slip-and-fall accident to show substandard conditions.
If you or someone you love has been injured in a slip and fall accident, it is essential to contact an experienced Evanston personal injury attorney who can help ensure your rights are upheld.
Slip and Fall & Wrongful Death
Our Evanston personal injury attorneys have represented many surviving family members seeking financial recovery when a slip and fall incident claims the life of their loved one.
These cases typically involve nursing home neglect where the responsible parties failed to follow established protocols, which led to the resident’s personal injuries.
Other cases have involved nursing home abuse with the staff, visitors, or other residents physically harming the injury victims through physical abuse, sexual assault, or shoving.
The accident-related expenses of a slip and fall case are like motor vehicle accidents. After the accident, the injury victim or surviving family members are left with mounting medical bills and hospitalization costs.
Let a Personal Injury Lawyer Fight for You
Rosenfeld Injury Lawyers LLC’s slip and fall accident lawyers are committed to helping those injured, including in Evanston, Illinois, during these difficult times.
Our personal injury law firm works hard on behalf of our clients to focus on their recovery from injury instead of worrying about how they will pay medical bills and if they can keep their job.
Call an Evanston, Illinois, personal injury lawyer at (888) 424-5757 today for a free legal consultation and to learn about your legal options with no obligation by the call. You can use our online consultation tool.
Our Cook County law firm, serving Evanston, will protect your legal rights and help you with every aspect of your personal injury case to answer your questions and provide the help you need during this scary time while you try to recover compensation through the legal system.
Our Evanston personal injury lawyers accept every case on a contingency fee basis and discuss other legal matters during your free case evaluation. This promise ensures you pay nothing until your case is resolved through a negotiated settlement or jury award.
Our Evanston accident lawyers can use the defendant’s negligent conduct to maximize financial compensation for serious injuries or wrongful death.