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Attorney George M. Sachs
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Whether you were in a car accident or whether you slipped and fell on a banana peel, getting hurt is no laughing matter. Serious injuries can happen at the most unexpected times and in the most unexpected ways. If you find yourself in bad shape due to an accident and the medical bills are stacking up, there is a way out. Hold those responsible for your injuries accountable! Each case and injury are different so you need someone who knows the value of your case to be able to reach the best outcome.
If you are struggling to get back up after an injury, let an experienced lawyer in the Chicago area help. Please Call Now for a free consultation! 24 Hrs (847) 362-2800
Question: If I slipped and fell in a store, because of something that spilled or was left behind by an employee, could the store be liable for my injuries?
Newsom-Bogan v. Wendy's OldFashioned Hamburgers of N.Y., Inc.,
953 N.E.2d 427, 431 (Ill. App. Ct. 2011)
In Illinois, it is possible to recover on a negligence claim of this sort. However, the person who slipped and fell must be able to establish that the store owed them a duty of care, that the store breached that duty, and that an injury proximately resulted from that breach. In this case, the duty owed is that of ordinary care in keeping the premises in a reasonably safe condition.
A person who goes into a place of business for the benefit of the owner is considered an invitee. A business owner breaches its duty to an invitee who slips on a foreign substance if: (1) the substance was placed there by the negligence of the proprietor; (2) its servant knew of its presence; or (3) the substance was there a sufficient length of time so that, in the exercise of ordinary care, its presences should have been discovered, i.e., the proprietor had constructive notice of the substance. Pavlik, 323 Ill.App.3d at 1063, 257 Ill.Dec. 381, 753 N.E.2d 1007 (quoting Hayes v. Bailey, 80 Ill.App.3d 1027, 1030, 36 Ill.Dec. 124, 400 N.E.2d 544 (1980)); see also Olinger v. Great Atlantic & Pacific Tea Co., 21 Ill.2d 469, 173 N.E.2d 443 (1961).
Here, in Illinois, there is no absolute time rule to establish notice. It is fact dependent in each case. Reid, 545 F.3d at 483. In using the totality of the circumstances approach to review the issue of constructive notice the most important factors include: (1) the area where the spill occurred; (2) the time the spill occurred; (3) the visibility of the spill; (4) the number of customers and employees in the store; and (5) the store's inspection policies. Id. at 482-483; see also Peterson v. Wal-Mart Stores, Inc., 241 F.3d 603, 605 (7th Cir. 2001); Coleman v. Wal-Mart Stores, Inc., No. 1:14-cv-6175, 2017 WL 168178, at *2 (N.D. Ill. Jan. 17, 2017).
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State of Illinois or any other jurisdiction. No information contained on this website, or links to this website, should be construed as legal advice. The content presented on this website, links to or from this website; or references cited herein are not intended to be a substitute for legal counsel on any subject matter. No action or inaction should be based on the information contained on this website or materials linked to or referenced on this website The Supreme Court of the State of Illinois does not recognize certifications for legal specialties in the practice of law. Attorney George M. Sachs, P.C. is an Illinois Licensed Attorney and Illinois Professional Corporation with their primary office located at 121 South Wilke Road, Suite 301, Arlington Heights, Cook County, Illinois 60005.