Contributory negligence in slip and fall cases

On Behalf of The Law Offices of Goldfine & Bowles, P.C.

April 18, 2019

Personal injury claims are a necessary component of the civil legal system because they allow individuals who have been harmed by the negligence and recklessness of others to recover the losses that they have endured. Illinois victims of slip and fall accidents may use personal injury theories of law to sue for their losses and recover the damages that they need to become whole in the wake of their accidents. While some victims may be able to pursue their claims without any serious hurdles, some face claims of contributory negligence from the parties that they have sued.

Slip and fall accident victims generally sue the property owners of the properties where they suffered their incidents. These property owners have a duty to provide their guests and invitees with safe accommodations and to remedy any foreseeable risks that those individuals may encounter. If a property owner takes reasonable precautions and a person is still harmed on their property, they may claim that the victim caused their own damages.

Generally, individuals who visit the properties of others are expected to act reasonably given their situations. If a victim acted unreasonably and potentially partially caused some of their own harm, their recovery may be impacted at trial. Under the state’s contributory negligence law a victim who causes more than 50 percent of their own harm is barred from recovering damages. If a victim causes less than 50 percent of their own harm then their recovery will be reduced in proportion to their amount of fault.

Victims of personal injury incidents like slip and fall accidents should be aware of contributory negligence. It can impact how much they can recover at trial if it is successfully pleaded. More information about this and other personal injury topics should be sought from readers’ own personal injury attorneys.