This self-blame is often misplaced and can undermine your premises liability claim.
Slip and fall victims often blame themselves, feeling embarrassed and attributing their accident to personal clumsiness or distraction. This embarrassment can lead to you downplaying the incident and blaming yourself after a fall, fearing judgment from others. However, this self-blame is often misplaced and can undermine your premises liability claim. Victims are often not at fault, and property owners are responsible for maintaining safe environments.
If you’ve suffered a slip and fall injury, contact Ankin Law at (312) 600-0000 to understand your rights and seek compensation.
How Property Owners Shift Blame After a Slip and Fall
Slip and fall accidents in the U.S. lead to about one million emergency room visits each year, accounting for 12% of all emergency cases. Serious injuries occur in 20-30% of these incidents. For those aged 65 and older, over 25% experience falls annually, and half of them are repeat fallers.
In slip and fall cases in Illinois, property owners and their legal representatives frequently attempt to divert responsibility onto the injured person by presenting various defenses. Most slip and fall accidents occur due to unsafe conditions or negligence on the part of property owners. Here are some strategies they may use to place the blame on you following a slip and fall incident in Illinois:
They Allege That You Were to Blame
Your own negligence can diminish or eliminate an owner’s liability. Illinois follows a modified comparative negligence rule, where your damages are reduced by your percentage of fault, as long as it’s not over 50%. If you are found to be more than 50% at fault, you receive nothing.
The defendant may allege that:
- You were in an area where visitors shouldn’t be.
- You were not paying attention while walking.
- You were distracted.
- Your footwear was inappropriate or unsafe.
- You were warned about the danger, or it was obvious.
Open and Obvious Dangers
In Illinois, landowners typically don’t have a duty of care for known or “open and obvious” dangers, which are clearly visible to a reasonable person. Common examples include snow or ice buildup, large objects, and poor lighting. However, if a landowner is aware that an obvious danger poses a risk, they must take reasonable steps to warn visitors or address the hazard.
You Assumed the Risk
When you consciously accept the risk associated with a known hazard, injuries that occur as a result typically aren’t the liability of the property owner. Common instances include activities such as bungee jumping, base jumping, skydiving, and other high-risk pursuits.
The Impact of Self-Blame on Injury Claims and Compensation
Offering an apology can be seen as accepting blame or responsibility. Insurance companies and other parties involved could interpret your apology as an admission of negligence, which could weaken your defense and jeopardize your chances of receiving compensation. Under the comparative negligence rule, this could be used to attribute at least part of the negligence to you, and negatively impact the amount of compensation you receive.
What to Do When You’re Unsure Who’s at Fault
Slip and fall cases in Illinois can be complex due to the burden of proof, which requires claimants to provide evidence against property owners. For example, in a grocery store incident, slip and fall lawyers must show that the store owner was negligent.
Determining liability can involve multiple parties, such as cleaning companies or security contractors, leading to various claims. Therefore, establishing fault is often complicated and relies on the evidence available to demonstrate the elements of slip and fall accident claims. If you’re uncertain about fault in a slip and fall, you should still report the incident, collect evidence, and seek legal advice.
Seek Immediate Medical Attention
Prioritize your health after a slip and fall. Visit an emergency room, urgent care, or your primary physician, even for minor injuries. Official medical documentation is crucial to connect your injuries to the accident. Adhere to treatment plans and diagnostic testing—delaying care could undermine your claim later.
Report the Incident
Immediately report your fall to the property owner, manager, or authorized personnel. Request an incident report detailing the circumstances, hazardous conditions, and witness information. Ensure you receive a copy of this report, and review it carefully before signing.
Document the Scene
Document the accident scene with photos or videos using your smartphone. Capture evidence of hazardous conditions like poor lighting, damaged flooring, clutter, or lack of warnings. This evidence is critical before cleanup alters the scene.
Keep a Record
Document every detail post-accident. Maintain a daily log of your injuries, treatments, medications, and their impact on your life. Note difficulties with daily activities, missed work, and effects on relationships. Save medical bills, receipts, and evidence of income loss to support your case.
Identify Witnesses
Collect names and contact details of any witnesses to your fall. Their statements can validate your account of the event and the hazardous conditions, which could be crucial for your claim.
Hire a Lawyer
If you are looking to make slip and fall claims easy, hire a personal injury lawyer. A Slip and fall lawyer in Illinois will investigate your accident to determine who is at fault. This includes examining the accident site, reviewing video footage, and talking to witnesses. They will also gather evidence to prove the damages you’ve incurred from the accident. This process involves linking your injuries to the incident and documenting all related losses, which will impact the compensation you seek.
If you experienced an injury due to a slip and fall accident, contact us at Ankin Law to start your case. Your attorney will take care of everything from engaging with the other party and managing important deadlines to collecting evidence and evaluating the value of your case. This way, you can concentrate on your recovery while they pursue a settlement or prepare for trial on your behalf.
Join the conversation!