Many slip and fall accidents occur on private property not open to the general public, such as family homes, apartment buildings, or townhouse complexes. What steps must you take if you have a slip-and-fall accident on private property in Chicago?
Seek Prompt Medical Attention
You should seek medical attention immediately after a slip and fall accident. Seeing a doctor promptly after an accident can help you diagnose injuries you may have sustained in the accident, even if those injuries have not yet begun to cause you pain or other symptoms. Diagnosing your injuries soon after a slip and fall can help you link them to the accident. Furthermore, prompt treatment will help you heal your injuries faster and avoid a defendant’s claim that you failed to mitigate your injuries and losses with medical care.
Report the Accident to the Property Owner
You should also report the slip and fall accident to the property owner or another responsible party immediately after the accident. Depending on where the fall occurred, you might notify a homeowner, building landlord, or property manager. Suppose you fell at a larger property like an apartment building or housing complex. In that case, you should contact the landlord or property manager to ask for any incident reports written about the accident and to preserve any surveillance footage of the fall. However, you should watch out if a property owner or manager asks you to sign any documents; make sure you do not sign anything that waives liability or agrees to settle any claim you may have against the property owner.
Document the Scene and Gather Evidence
Remember to take photos and videos of the accident scene before you leave. Specifically, you should document:
- The hazard that caused you to slip and fall, such as a patch of ice, a puddle of water, broken flooring, or loose/torn rugs or carpets
- The surrounding area, including the presence or absence of warning signs and the lighting conditions
- The location of any surveillance camera
- The weather conditions outside (if relevant)
Furthermore, you should photograph or preserve the clothing and footwear you wore in the accident.
Understand Illinois Premises Liability Law
Under Illinois premises liability law, property owners owe lawful visitors a duty to keep their premises safe by undertaking reasonable efforts to maintain the property. Reasonable efforts will depend on the property’s circumstances, including conducting regular maintenance checks and putting up signs to warn visitors of potential hazards. A property owner may bear liability to a visitor who slips and falls on a hazard the owner knew about and failed to fix or warn the visitor of.
Do Not Talk to the Insurance Company Alone
Finally, you should refrain from talking to an insurance adjuster from the property owner’s insurer without consulting legal counsel. Insurance adjusters use various tactics to convince accident victims to accept less than fair value for their claim, such as bringing up the claimant’s piling medical bills or asserting that the insurance company won’t negotiate its offer. Adjusters may also use tactics such as obtaining a written or recorded statement from an injury claimant or securing a medical release to search the claimant’s records to find potentially adverse evidence.
Contact a Slip and Fall Accident Attorney
After slipping and falling on private property in Chicago, you need experienced legal guidance to help you protect and advocate for your rights and interests. Contact Saperstein Law Group today for a free, no-obligation consultation with a slip and fall accident attorney to discuss your options for pursuing a claim for a slip and fall on private property.