Slip and fall-type accidents are among the most common personal injury cases. They also cover a wide range of potential scenarios, ranging from slipping on ice while walking on the sidewalk in front of a storefront to slipping on wet flooring inside the store, to being injured by an incorrectly set up display stand, and any number of other situations. For those injured in these types of accidents, it is important to understand how Illinois law will affect you, and how Lindenhurst slip and fall lawyers can help your case.
Illinois Uses Modified Comparative Negligence Laws
While some slip and fall cases are rather straightforward, that is not the case for all of them. In some instances, you may bear some responsibility for your accident. The concept of comparative negligence deals with this idea. The state of Illinois uses what’s called “modified” comparative negligence to determine whether you are at any fault in the accident, and then how that fault affects the damages awarded to you.
What Does It Mean for You?
What does this mean for your case? Simply put, if you are 50% responsible for your accident, or more, then your awarded damages will be less. If you are less than 50% responsible for your accident, your damages will not be affected (you’ll receive full damages). How might this work in the real world of slip and fall injuries? Let’s say that you were in a grocery store, and there was water on the floor from a roof leak. The defendant had not cleaned up the water yet, but had placed a “caution – wet floor sign” there. You walk through, see the sign, and then proceed onto the wet floor anyway, where you slip and fall. In this case, you bear at least some responsibility for any injuries you sustain, but the defendant also bears responsibility.
Will Your Case Be Affected?
Slip and fall litigation can be quite complicated, and each case is unique. This is why it is important to work with Lindenhurst slip and fall lawyers. If you have been injured in a slip and fall accident, we invite you to contact the law offices of Robert T, Edens, P.C. We would be happy to discuss your situation and help you understand whether comparative negligence laws will play a role in any damages awarded.