Getting awarded compensation for your slip and fall injury may hinge on whether you gather enough evidence of the property owner’s negligence.
A recent case decided by the Illinois Appellate Court shows that suits against landlords or building owners can be just as slippery as the floors on which the falls occur.
In the case of Ishoo v. General Growth Properties, the plaintiff suffered injuries when she slipped and fell in a shopping mall. She was an employee at one of the mall’s department stores.
The plaintiff claimed that the mall’s cleaning crew cleaned the escalators and there was cleaning solution remaining on the floor when she slipped and fell. Investigators found no evidence of slippery material on the floor where the woman fell and the trial and appellate courts ultimately sided with General Growth Properties.
In a premises liability case, such as the Ishoo case, the plaintiff is required to prove that the floor was slippery and that the defendant knew or should have known of the dangerous condition. In that case, the plaintiff could not even establish that the floor was slippery.
Careful record-keeping by the cleaning crew at the mall was used to show that meticulous safety precautions were followed, according to court records.
The court ruled in favor of the property owner and the victim was unable to get compensation. If you are involved in a slip and fall accident, do your best to record as much of the scene as possible. Take pictures and notes and get the names and phone numbers of any witnesses. While this may not be the first thing on your mind while your experiencing the pain from the accident, your ability to gather evidence from the scene could determine whether or not you receive fair compensation.