Illinois Appellate Court Reverses Summary Judgment in Slip and Fall Case Leading to Broken Leg

Slip and fall accidents are one of the most painful and sudden types of premises liability injuries that Chicago residents can suffer, especially in our winter months. There are many considerations that you have to make after a slip and fall accident, including whether you may be entitled to compensation from the person or company who owned the property where you slipped. As seasoned Chicago slip and fall attorneys, we are ready to help you explore your legal options and to ensure that you are treated fairly.

A recent case discussed a slip and fall accident at a bar. Reportedly, the plaintiff was leaving the bar when he slipped and fell on a patch of ice resulting in a broken leg. The plaintiff had several surgeries to address the pain, but he still experienced discomfort and reported having a limited range of motion due to the injury. The plaintiff filed a claim against the bar seeking compensation based on a number of theories including negligence. The defendant moved for summary judgment arguing that the plaintiff did not offer any evidence showing how the floor where he slipped became wet or showing that the defendant had constructive notice about the dangerous condition on the property. The trial court granted the defendant’s motion for summary judgment and the plaintiff appealed.

On review, the appellate court reversed the grant of summary judgment. The court started by reiterating that a business owner owes a duty to patrons to use ordinary care in maintaining the property in a reasonably safe condition. The court then highlighted several pieces of evidence in the record showing that the moisture at the exit of the establishment had likely been there for quite some time, meaning that the owner had a reasonable period of time to identify and remedy the dangerous condition.

Also, the plaintiff provided some evidence indicating that the floor had been wet for at least 1 hour and 40 minutes before he fell, creating an issue of fact that should have been submitted to the jury. The court also noted that there was no question regarding the condition that caused the plaintiff to slip and fall and that several witnesses alluded to the dampness on the concrete floor.

In a motion for summary judgment, the moving party contends that there are no genuine issues of material fact and that the moving party is therefore entitled to relief. Even circumstantial evidence is enough to create a question of fact that makes a motion for summary judgment improper.

If you were hurt in a slip and fall accident, you may be entitled to compensation. At Therman Law Offices, our seasoned team of legal professionals has provided legal guidance to individuals throughout Illinois and we are prepared to put our skills to use on your behalf. There are countless aspects of a slip and fall case that can be overwhelming if you are also healing from your injuries. Call us today at 773-545-8849 or contact us online to set up a free consultation to discuss your situation.