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The legal elements of a slip-and-fall lawsuit

Readers of this Illinois personal injury legal blog may know that when they elect to sue another party for their damages, they must first build a case that provides evidence of their included claims. That evidence must support the various legal elements of the claims the individual wishes to use as their means of collecting their damages. This post will look at what is required of a slip-and-fall victim to prove in order to demonstrate the veracity of their claims.

One of the first elements that must be satisfied in a is the need for the victim to show that the responsible party owed them a duty. Prior posts have discussed what can happen when individuals with different legal statuses (such as trespassers, visitors, and invitees) are on other people’s land. A victim may been to have permission to be on the responsible party’s land in order to be owed a duty of care by them.

Next, the victim must be able to show that their host breached their duty of care. This may be done through evidence of neglect or disrepair in the area where the victim’s fall took place. A victim may also have to show that the responsible party’s breach was the cause of their losses.

If a victim can prove that they suffered harm after all of these issues came up then they may be successful in their claims. Individuals are tasked with keeping their properties safe for others and when they fail to take care of issues that they should know about they may be held responsible for the harm they cause.