Strong Law Offices
Illinois Workers’ Comp and Injury Lawyers
Toll Free 866-606-7862
Peoria 309-740-9092
Springfield 217-340-0036
Bloomington 309-226-4427
Decatur 217-877-6602
Main Menu
Get Strong

3 approaches to assigning liability for slip and fall accidents

Hazards to personal safety exist throughout Illinois. A broken stair rail or icy sidewalk could cause a person to slip or fall. In some cases, victims might be partially at fault for their injuries, but laws have been developed that could allow such injury victims to still recover a portion of damages. The legal rules of contributory negligence, pure comparative negligence and modified comparative negligence guide the determination of liability.

Contributory negligence represents the most limiting law for victims. Someone who can be shown to have been even 1 percent at fault for an injury would not have any legal claim for damages upon the property owner where the accident occurred. Pure comparative negligence treats victims with greater generosity. The accident investigation will decide the percentage of the victim's fault and then assign the remaining liability to the property owner. For example, someone who was 90 percent at fault could still potentially collect 10 percent of damages.

Under modified comparative negligence, a court or insurance company would determine which party was most at fault. An accident that can be at least 51 percent attributed to the actions of the injured person would not oblige the property owner to pay a settlement. If the person was less than 51 percent responsible, then the remaining portion of liability could be assigned to the property owner.

A victim of a slip-and-fall accident might choose to consult an attorney before filing a personal injury claim. The lawyer could inform the victim about the approach to calculating liability. If some or all of the negligence can be laid at the property owner's feet, then the attorney may prepare the lawsuit. This action would entail documenting the evidence about the responsible party's negligence.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Strong Law

Contact our lawyers at 866-606-7862 to schedule a free initial consultation from our Peoria, Bloomington, or Springfield offices. We are also available to meet at your home or at the hospital by request.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy