A Chicago woman is suing a city shopping center for a slip and fall accident she claims happened because of snow and ice in the parking lot. Pauline Owens filed a lawsuit against Semmer Landscape LLC and others, alleging negligence and other counts that attributed to her injuries. According to her claims, she fell in the Lake Meadows Shopping Center at 3405 S. Martin Luther King Dr. because of snow and ice accumulation in the parking lot. She claims that the fall fractured her talus bone in the left ankle and sprained her right wrist.
Owens lawsuit states that the landscape company and shopping center were negligent in their duty to keep the parking lot reasonably safe for shoppers. She is seeking $50,000 in damages, plus the cost of expenses for the case.
Slip and Fall Accidents
Chicago in the wintertime can be treacherous for residents outside, and slip and fall accidents are the number one cause of injury when there is snow and ice on the ground. Slip and falls are a type of premises liability case, which requires the owners, occupiers, and managers of property to maintain it in a reasonably safe way for visitors who might enter the premises. This applies to all public and private property where a person might enter lawfully, including bars, restaurants, shopping centers, amusement parks, retail stores, and more.
Under Illinois law, the victim of a slip and fall accident only has two years from the date of the accident to file a lawsuit for damages. Known as the statute of limitations, if you wait to file a lawsuit after the two year window has passed, the court will throw out your lawsuit and bar you from collecting compensation for your claims.
Compensation for Slip and Fall Accidents
Slip and fall accidents sound minor, but they can cause catastrophic injuries for some victims. It is important that you collect the full and fair value of your claims to afford the continued rehabilitation of your injuries. Compensation for slip and fall accidents includes economic and noneconomic damages. Economic damages include costs for out of pocket expenses like property damage, lost wages, and medical bills. Noneconomic damages include payment for pain and suffering, emotional distress, disability, and the loss of enjoyment of life.
It is important to note that Illinois operates as a modified comparative fault state, which means that if the victim of the slip and fall is found at fault for the accident, the overall award is reduced by that percentage of fault. For example, if a slip and fall victim had $100,000 in damages and was found ten percent at fault, the overall compensation would be reduced to $90,000. However, if a party is found more than fifty percent at fault for the accident, they cannot collect compensation for their damages.
If you have additional questions about a slip and fall case in Chicago, call the office of Harvey L. Walner & Associates today to schedule a free consultation of your case.