According to the Quad-City Times, a Texas woman was awarded $1.2 million by a jury in a slip and fall case. After four days of deliberation, the jury found the plaintiff, 54-year-old Brenda Alcala, two percent at fault for her injuries, which included a shattered ankle. According to the report, Ms. Alcala fell on a slippery sidewalk. Witnesses staying at the hotel at the time the incident occurred attested to the condition of the premises and emergency medical responders had to put down their own salt to avoid falling.
Establishing Fault
Slip and fall cases, which fall into the field of premises liability, happen when an injury results from any unsafe condition on a property that was caused by the property owner’s negligence. While it is possible for an injured victim to be found to have contributed to his/her injuries due to negligence, as was the case in Ms. Alcala’s lawsuit, the actual amount of damages awarded depends upon state law.
A plaintiff in a slip and fall case must prove the following in order to be successful:
- the plaintiff was lawfully on the property – in legal terms, the status must be that of an invitee or licensee, or if not lawfully on the property, the owner must have been aware of the trespass;
- the property owner was negligent – the owner knew, or should have known, of the dangerous condition on the premises and failed to repair, warn of, or improperly repaired the dangerous condition; and
- the owner’s negligence was the actual and proximate cause of the plaintiff’s injuries.
Slip and Fall Cases: Damages
Damages in slip and fall cases may include funds that cover medical bills, loss of past and future income, and temporary or permanent disability, among others. A knowledgeable and experienced Chicago slip and fall attorney will work hard to seek the compensation a plaintiff deserves. How negligence is determined depends upon the governing law.
Three types of negligence may be used when determining the amount of compensatory damages owed to a slip and fall accident victim. These include:
- Contributory negligence: the “all-or-nothing” determination. In order for a plaintiff to be awarded damages, that party cannot be found responsible for any portion – at all – of the accident.
- Modified comparative negligence: limits plaintiff’s ability to file a claim if found more liable for the accident than the defendant. Illinois state law allows a party to recuperate losses if that party is found to be less than 50 percent responsible.
- Strict comparative negligence: a plaintiff may seek damages even if found to be partially liable. Damages are awarded as a percentage of the responsibility found for each party.
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Contact a Slip and Fall Attorney
Establishing liability can be difficult to prove in slip and fall cases. As such, it is important to contact an experienced Chicago slip and fall attorney to handle your case. Slip and fall accident cases can be complex and multi-layered. With decades of experience, the law offices of Mary Ann Covone services Western Springs, Indian Head Park, and Countryside, among other areas of greater Chicago. Call (708) 246-4911 today to schedule your initial consultation.