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Premises Liability Attorneys Serving Wheaton
Wheaton is a suburban city in DuPage County, Illinois located about 30 miles west of Chicago with a population of approximately 55,000 residents. The city was established as a small railroad community in the late 1850s. It rapidly expanded in the 1950s and then slowed down significantly in the early 1990s. In the years since, Wheaton has become known as one of the best places to live in Illinois, offering residents and visitors parks, fairgrounds, shopping and theater. Just like in every other community, people in Wheaton are often injured in preventable premises liability accidents. If this has happened to you or someone you love, a seasoned Wheaton personal injury lawyer may be able to help. At Therman Law Offices, we understand how a serious accident can interfere with virtually every aspect of your life, which is why we are here to assist our clients every step of the way.
Slip and Fall Statistics
A “slip and fall” or “trip and fall” accident generally references an incident in which someone is harmed as a result of an unsafe condition on another person or entity’s property. Sadly, these accidents take place more often than you may realize. Research from the Centers for Disease Control and Prevention (CDC) indicates that unintentional falls account for 19,565 deaths every year in the US.
The center states that approximately twenty to thirty percent of people who are victims of a slip and fall will sustain moderate to severe injuries including hip fractures, bruises, or head trauma.
CDC data also reveal that falls are the number one cause of injuries and death among older Americans.
Establishing Fault after a Slip and Fall Accident
In order to recover damages from an at-fault party, you have to show liability, and a slip and fall attorney serving Wheaton can help. Under the theory of premises liability, property owners have a duty to keep their property safe from hazards. The failure to do so may result in liability for any injuries sustained in a slip and fall accident on the premises. In order to win a premises liability claim, negligence has to be established.
The plaintiff in a slip and fall case is required to prove the following elements of a negligence claim: the defendant owed the plaintiff a duty of care; the defendant breached the duty of care owed to the plaintiff; and the plaintiff suffered physical or monetary damages, or both, as a direct result of the defendant’s breach.
The specific duty a property owner owes a visitor will vary depending on the status of the visitor on the land. Individuals who enter the property for business purposes, such as customers, are known as invitees and are owed the highest duty of care. Licensees, on the other hand, are people who enter the property for social purposes (i.e., guests at a dinner party) and are owed a lesser duty of care than invitees but a higher duty of care than trespassers.
Trespassers are those who enter the property without the explicit or implicit permission of the property owner. The property owners generally owe no duty to trespassers except in limited situations involving children.
Recovering Compensation After a Slip and Fall Accident
Once a plaintiff establishes liability, a skilled Wheaton slip and fall lawyer can help them recover damages for the following items: medical bills, lost wages, future medical bills and care, pain and suffering, disfigurement, property damage, and more. In rare cases, a plaintiff may also be entitled to punitive damages, which are intended to punish the wrongdoer and deter future negligence as opposed to compensating the plaintiff.
