As we head into the spring and there is an increased chance of precipitation creating wet conditions all over the state, businesses all over Illinois will have to place an increasing emphasis on making sure that their property is safe. Dangerous property conditions are a common cause of most slip and fall accidents, and people can suffer severe injuries in these cases.

A slip and fall accident can often be a very confusing ordeal for most people because there can be considerable stress about how a person goes about recovering financial compensation for their injuries. The unfortunate truth in many of these cases is that businesses often claim that people were at fault for their own accidents, and there is often a refusal to pay anything.

Slip and Fall Lawsuit Process

Under 735 Illinois Compiled Statute (ILCS) § 5/13-202, actions for injuries to any person must be commenced within two years of the date of an accident. Simply put, a person is only going to have two years to file a legal claim, and people should not wait to seek legal help because waiting too long might not give a lawyer enough time to investigate a case.

Though we hope that the worst of the winter weather is behind us, there is a fair chance that we will see more snow this season. Many people are injured each winter because they slipped and fell on an icy or wet walking surface. While you can do your best to clear the walkways outside your home, you have no control over the conditions of a public place, such as outside a retail store. Your initial reaction after falling in public may be to blame yourself, but it is possible that the property owner is liable for the conditions that caused your fall. To receive personal injury compensation from a retail store, you will need to prove that an unnatural accumulation of ice or snow caused your accident.

Outside the Store

Property owners in Illinois have no legal obligation to remove snow or ice that has naturally accumulated. This means they will likely not be liable if you fall because they did not shovel or put down salt to melt the ice. Property owners are also not liable for tire tracks or footprints that create a slipping or tripping hazard. They are liable if they cause unnatural accumulations of snow or ice outside of their property. Examples of unnatural accumulation include:

• Removing snow or ice in a way that creates a hazard that would not have existed otherwise
• A defect in the building or sidewalk that causes snow or ice to accumulate in certain spots, which the property owner knew about and had time to fix

Property owners also have a general obligation to provide a safe means of entering and exiting the store, which includes adequate lighting.

A rental property owner is not always liable if you are the victim of criminal activity, such as an assault or battery. There are some incidents that unfortunately could not have been foreseen or prevented. However, the property owner is responsible for providing reasonable security if it should know that a lack of security would put you in danger. Its burden increases if you live in an area with high levels of crime. You may be able to collect personal injury compensation from your landlord if you can show that your landlord had a duty to protect you and that a lack of security enabled an act of violence against you.

Failed Promises

Landlords will often include a list of property security measures within their leases, such as:

• Locks on doors and windows;
• Lights in parking areas and at entrances;
• Security cameras; and
• Security guards.

Landlords are not required to provide all of these security measures but create a legal obligation to maintain them once they have promised them in a contract. They should not allow lights or cameras to fall into disrepair and should act quickly to fix them once they realize that there is a problem. They are also responsible for the professionalism of security guards on the premises. If there is a system for contacting security in the event of an emergency, you should expect an immediate response from someone trained to help you.

Domesticated animals can behave in unpredictable ways that may cause injuries. A malicious attack, such as a dog bite, can leave lasting physical and emotional damage. More benign actions can also result in injuries, such as an excited dog jumping on someone and knocking him or her over. Guests who are hurt because of the actions of someone’s pet can seek personal injury compensation from the pet owner. Illinois law holds a pet owner strictly liable for injuries unless the victim is at fault for the animal's reaction.

Strict Liability

According to Illinois law, an animal owner is liable for injuries that the animal causes to others as long as:

An Aurora, Ill., woman recently received a $4.5 million judgment as a result of a personal injury lawsuit filed against Wells Fargo. The injury took place in 2012, when the woman was walking into a Wells Fargo mortgage retail office in Aurora. A metal door closer unit detached and hit her in the head, causing immediate injury and long-term disability. The judgment included:

• $1.25 million for her disability;
• $1.25 million for her pain and suffering;
• $1 million for emotional distress; and
• More than $500,000 for medical expenses.

The judgment is reportedly the largest ever awarded for a personal injury lawsuit in DuPage County that was not a medical malpractice case. The jury needed only two hours to reach its decision in the case. Before the trial, Wells Fargo had attempted to settle with the plaintiff by offering $125,000.

Unsafe Building Conditions