that you are able to get justice and financial support. This raises an important question: Can you bring a personal injury claim for a residential slip and fall accident? In Illinois, the answer is “yes”, though there are some additional considerations when compared to a slip and fall claim against a commercial property owner. Here, our Chicago personal injury lawyer provides a guide to slip and fall accident claims against residential property owners in Illinois.
Slip and Fall Accident Claims are Premises Liability Cases
Property owners and property occupiers have a responsibility to keep their premises in reasonably safe and secure condition. When they fail to do so, they may be liable for an accident that happens on the premises. It is an area of law that is referred to simply as “premises liability”, and slip and fall accident injury cases are covered by it. Under the Illinois Premises Liability Act (740 ILCS 130/2–5), property owners can be held legally responsible for injuries caused by their failure to follow their duty to exercise reasonable care in maintaining their premises.
You Can Bring a Slip and Fall Accident Against a Residential Homeowner
While many slip and fall accident claims are brought against businesses or commercial property owners, it is possible to sue a residential property owner for a slip and fall if that accused was caused by their negligence. In other words, there is no provision in Illinois law that absolves homeowners of their duty to keep their premises safe. If you are invited to someone’s home, they have a duty to protect you from unreasonable safety hazards, including slip and fall hazards.
Note: There are special protections for residential property owners in weather-related slip and fall accident cases in Illinois. Specifically, under the Snow and Ice Removal Act (745 ILCS 75/2), a homeowner is not liable if they voluntarily remove snow and ice for their property or the adjacent area as long as their actions were not willfully reckless.
The Elements of a Residential Slip and Fall Accident Claim in Illinois
It is important to emphasize that a homeowner in Illinois is by no means automatically liable for a slip and fall accident that happens on their premises. You must prove negligence in order to hold them responsibility for your injuries. Here are the four core elements of a residential slip and fall accident injury claim in Illinois:
- Duty of Care: The homeowner had a legal duty to maintain reasonably safe conditions for lawful visitors. In effect, you must prove that you had permission to be on the property.
- Breach of Duty: The homeowner failed to exercise reasonable care, such as neglecting to repair a trip hazard or failing to warn about a slippery floor. In other words, you must prove that the residential property owner failed to take proper care.
- Causation: The breach directly caused the injury; for example, slipping into a crack caused the fall. To bring a successful claim, you must prove that the negligently dangerous conditions at the home were actually the cause of your injuries.
- Damages: The plaintiff suffered actual harm, such as medical bills, lost wages, and/or pain and suffering. You must be prepared to prove the full extent of your damages.
Why These Cases Can Be More Challenging than Commercial Slip and Fall Accidents
Slip and fall claims against residential homeowners in Illinois are often more difficult to prove than similar claims involving commercial property owners. One major reason is that the law applies a “reasonable person” standard to determine whether a homeowner’s conduct was negligent. This standard is flexible and highly fact-specific, it requires the court to assess what a reasonably careful person would have done under similar circumstances. While this standard also applies in commercial settings, businesses are typically held to a higher expectation of vigilance due to the volume of foot traffic they invite and their duty to inspect and maintain premises regularly. In contrast, a homeowner’s duty is often less demanding. They are not expected to inspect their property as frequently or to anticipate every potential hazard. Still, a residential property owner absolutely can be held liable for a slip and fall accident caused by the negligence.
Recovering Slip and Fall Accident Compensation in Chicago, Illinois
Hurt in a slip and fall accident on residential property in Chicago, Cook County, or elsewhere in Illinois? You have the right to seek compensation for the full extent of your damages, including for any non-economic losses. How much can you expect to recover through a slip and fall accident claim? The answer depends on a wide range of case-driven factors. Unfortunately, homeowners’ insurance companies, which defend most of these claims, fight hard to settle cases for less. Our Chicago personal injury attorneys can help. You may be able to recover compensation for:
- Emergency room care;
- Hospital bills;
- Other health care costs;
- Physical therapy;
- Loss of wages;
- Diminished earnings;
- Pain and suffering;
- Mental distress;
- Long-term disability; and
- Wrongful death.
How Our Chicago Personal Injury Lawyers Can Help With a Slip and Fall
A serious slip and fall at another person’s home can cause a bad injury. It is crucial that you know how to navigate the claims process so that you can hold a negligent residential property owner, and their commercial property insurance company, accountable. A proactive approach is a must. At Kennedy Watkins LLC, our Chicago attorneys are standing by, ready to help you navigate each and every step of the premises liability claims process. We have six and seven figure verdicts and settlements in complex personal injury claims, including slip and fall accidents. A free case review with our Chicago residential slip and fall lawyer is free, confidential, and without obligation.
Contact Our Chicago Premises Liability Attorneys Today
At Kennedy Watkins LLC, our Chicago personal injury attorney has the skills, knowledge, and experience to handle premises liability cases. If you or your loved one was seriously hurt in a residential slip and fall accident, we are more than ready to help. Call us or get in touch with us online to set up a free, fully private, and zero obligation case review. With a law office in Chicago, we handle slip and fall accident cases in Cook County and throughout all of Northern Illinois.