A slip and fall accident can have devastating consequences for the victim. When we visit stores, restaurants, and other public establishments, we are trusting that the owner has upheld his or her duty to ensure that the premises is safe for us. When a property owner falls short on this duty, however, the outcome is a dangerous and potentially deadly situation. If you were injured in a Chicago slip and fall accident, the diligent and experienced lawyers at Therman Law Offices are standing by to assist you with exploring your right to compensation.
In a recent case, the Illinois Appellate Court was asked to consider whether a lower court properly granted summary judgment in a premises liability case involving a slip and fall accident. The plaintiff had spent a day drinking beer and repairing vehicles at his auto repair shop before he visited a craft brewery in Evanston. The plaintiff later entered the restroom at the brewery where he slipped on the wet floor and fell resulting in serious injuries to his back. He filed a negligence claim against the brewery along with a loss of consortium claim on behalf of his wife.
The trial court granted summary judgment in favor of the defendant on the basis that the plaintiff could not show that the defendant had constructive notice that the floor in and around the restroom was wet. Constructive notice means that a reasonable person through routine inspection would have known about the danger and had time to remedy it. This is in contrast to actual notice, which means that the defendant knew that the dangerous condition existed or was occurring.