Common Slip and Fall Lawsuit Terminology

 Posted on October 25, 2013 in Personal Injury

If you have been the victim of an accident involving a slip and fall on someone’s property, you should reach out to an attorney to have your case evaluated. Slip and fall accidents can produce serious and sometimes lifelong injuries. Understanding some of the common terminology in these cases can help you understand whether your case might qualify for damages and give you a sense of what to expect in a slip and fall lawsuit.

Common law negligence: The individual in charge of the business premises must exercise “reasonable care” for customers, employees, and delivery personnel. This is a common feature of most slip and fall lawsuits. When an individual has not exercised reasonable care, he or she may be found negligent in a case where another person was injured.

Summary judgment: In this document, the judge will state that one party has won the case before the case actually goes to trial. If there is no dispute over the facts, a summary judgment might be granted shortly after one party requests it.

Constructive knowledge: This refers to the businessperson or individual operating the premises and his or her knowledge of the issues that might have led to a slip and fall. This term refers to the time lapse between the individual being made aware of the issue and the accident itself. The longer this information was known, the higher the chance that this party will be found negligent.

Open and obvious danger: This refers to the concept that a person must exercise appropriate precautions when an obvious danger is present. For example, the placement of a wet floor sign should signal to individuals that an area poses risk. When there is not any sort of notice, however, the party owning the property can be found negligent.

Many slip and fall cases are complex and require the assistance of a litigator with direct experience. If you believe you have been injured after a slip and fall accident, contact a licensed Illinois personal injury attorney today.