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Injured in a Naperville Slip and Fall on a Grate or Sidewalk? Your Legal Options

Posted on by CainLeaders

Naperville residents know the struggle – rain or snow transforms grates and sidewalks into unexpected hazards. These slip and fall accidents can cause serious injuries.  If you’ve been hurt, here’s what you need to know about your legal options and finding a Naperville slip and fall injury attorney.

Understanding Premises Liability in Naperville

Premises liability laws in Naperville adhere closely to Illinois state guidelines. However, there are specific local ordinances and past cases that shape how these laws are applied. Here’s a breakdown:

Duty of Care: The Standard for All Property Owners

  • Reasonable Maintenance: Property owners, whether private homeowners, businesses, or the city, must take reasonable steps to keep their property safe. This includes regular inspections and addressing unsafe conditions promptly.
  • Addressing Known Hazards: Slippery grates and uneven sidewalks are common issues in Naperville. Owners are expected to be aware of recurring dangers on their property and take steps to fix them.
  • Warnings for Temporary Dangers: If a hazard can’t be immediately fixed (e.g., icy patch during a storm), appropriate warning signs or barriers are often required.

Responsibility Varies: Who Might Be Liable

  • Homeowners: Responsible for injuries on their premises, including sidewalks adjacent to their property. However, Naperville ordinances may place some snow and ice removal duties on them.
  • Businesses: Have a high duty of care toward customers and visitors. This means pro-actively fixing known issues and ensuring the property is regularly inspected for hazards.
  • City of Naperville: Liable for accidents on city-owned property, including sidewalks, parks, and roads. Grates that are part of the city’s infrastructure fall under their responsibility. Past slip and fall lawsuits against the city provide clues to how courts handle these cases.

Important Considerations

  • Naperville Ordinances: The city has detailed ordinances on issues like sidewalk maintenance and snow/ice removal. Failure to follow these can bolster your case.
  • “Contractor Exception”: Sometimes, if a contractor’s work created the dangerous condition, they may be liable instead of the property owner. This is especially important to investigate with newer construction.

Slip and Fall Cases: Proving Negligence

As with all Illinois slip and falls, you’ll need to demonstrate:

  1. A Dangerous Condition: Document the hazard thoroughly (photos, witness accounts, etc.)
  2. Owner’s Knowledge: This can be tricky. Did the problem exist for a long time, or should they have been aware through regular inspections?
  3. No Action Taken: They failed to fix the issue or warn visitors.
  4. Directly Caused Your Injury: Medical records and a clear timeline are essential.

Naperville’s Weather Considerations

The “natural accumulation rule” still applies in Naperville. But there are nuances:

  • City-Owned Grates: Naperville may have greater responsibility for known issues with city-owned grates becoming excessively slippery.
  • Snow Removal Ordinances: Naperville has specific ordinances on when property owners must clear snow and ice. Failure to abide by this could strengthen your case.

What if I Was Partially At Fault? 

Illinois follows a “modified comparative negligence“ rule. This means that even if you were somewhat careless at the time of your slip and fall, you may still be able to recover damages. However, your award will be reduced in proportion to your percentage of fault.

  • Example: If a court finds you 20% at fault for the accident (perhaps you were looking at your phone), and the property owner 80% at fault, your potential compensation would be reduced by 20%.
  • The 50% Bar: Importantly, if you are found to be more than 50% at fault, you cannot recover any damages.

Why You Need a Naperville Slip and Fall Attorney

  • Assessing Fault Honestly: An attorney is ethically obligated to give you a realistic picture of your case. They’ll help you understand if your actions contributed to the accident, and how that might affect your claim.
  • Fighting Unfair Accusations: Property owners and their insurance companies often try to maximize the victim’s share of the blame. A skilled attorney will advocate for you and counter these tactics.
  • Strategic Considerations: Even if you were partly at fault, it may still be in your best interest to pursue a claim. An attorney can advise you on whether a reduced settlement is worthwhile given your specific circumstances.

Don’t Wait to Act

Slip and fall cases have deadlines. Act quickly to:

  • Seek Medical Care: Your health is priority #1, and it creates essential case documentation.
  • Start Gathering Evidence: The condition of the sidewalk or grate can change quickly.
  • Contact a Naperville Slip and Fall Injury Attorney: Get a free consultation to explore your options.

If you’ve been hurt due to a slippery grate or sidewalk, you deserve answers and someone to fight for you.  Contact Chute, O’Malley, Knobloch & Turcy, LLC today. Call (630) 413-4747 and get the compensation you deserve.

Disclaimer: This article offers general information, NOT legal advice. Every case is unique, and only a qualified attorney can provide guidance tailored to your specific circumstances.