Practice Areas:

Illinois Personal Injury Focus

With each issue, the attorneys at Adler & Adler, P.C. include a Personal Injury Focus article, which discusses a topic in Illinois personal injury law and how it affects you. Winter 2009:

• Winter 2009: Premises Liability
• Summer 2008: Walking Chicago: Who Has the Right of Way?

Winter 2009:
Premises Liability

Every year people get hurt when they slip and fall on someone’s premises. Most people believe that, if they are injured on someone's property, they can receive compensation for their medical bills, lost wages, suffering and more. Many are surprised to learn that the general rule in Illinois is quite the opposite. Property owners are not liable just because someone is injured on their property. Instead, property owners are only liable when they cause a hazardous or defective condition on their property, or permit that condition to exist when they know or should know the hazard or defect is present.

One common occurrence, especially during the winter, is an injury due to a slip and fall on snow or ice. Under Illinois law, the issue is whether or not the snow or ice is a natural or unnatural accumulation. If the snow or ice accumulates naturally, then the owner is not liable. But if the snow or ice accumulates because of an unnatural reason, such as a hole in the sidewalk or a leaking gutter or drainpipe, then the owner becomes liable for the hazard—and the expenses and disability of the injured person.

Another common occurrence is an injury inside a building, due to a slip and fall on liquid or debris, a worn carpet, or a damaged step on a stairway. Property owners are liable when they or their employees cause a hazardous condition. For example, if they spill liquid or drop debris and fail to clean it up, property owners may be held liable. They may also be liable when they did not directly cause the hazardous condition—if it can be shown that the unsafe condition was there long enough for the property owner to reasonably know it creates a hazard. Under all circumstances, the injured person also has responsibility to be cautious. It is always important to know why the hazard or defect could not be recognized and avoided.

When you fall, it is important to follow these steps at the scene:

1. Immediately Determine What Caused You to Fall—Observe the area around you when you are down or after you have stood up and determine exactly what made you fall. You must be able to state exactly what caused you to fall. Look at it closely so you can describe its shape, color and substance.
2. Report Your Fall to the Property Owner or Store Manager—Falling in the middle of a store in front of strangers can be embarrassing. But be sure to let the owner know you did. Even if the manager discourages you from filing an accident report, do so. Major retailers all have accident forms. Fill one out and get a copy of the form for yourself, along with the name of who you spoke to.
3. Medical Attention—If you need immediate medical attention, have the property owner call an ambulance for you or see your own doctor promptly. Be sure to give your doctor a complete history of how you fell.
4. Call your attorney at Adler & Adler, P.C. at 312-443-1488—With more than 40 years of combined experience in personal injury matters, we can help determine whether or not a property owner is responsible for your injury and help you receive full compensation for your injuries.

Summer 2008:
Walking Chicago: Who Has the Right of Way?

CHICAGO IS THE 7TH “MOST WALKABLE” CITY, TRAILING WASHINGTON, D.C, BOSTON, SAN FRANCISCO, DENVER, PORTLAND AND SEATTLE, AS RANKED BY A BROOKINGS INSTITUTUTION SURVEY.

But watch out pedestrians, Chicago drivers are only just becoming reacquainted with pedestrian traffic laws as this summer’s public safety initiative rolls into action. In 2006, 46 pedestrians died in traffic collisions, according to the Chicago Tribune and city records. And more than 3,000 auto-versus-pedestrian accidents occur in Chicago each year.

During summer 2008, Chicago Police Department and Chicago Department of Transportation implemented a highly publicized joint undercover “sting” operation to enforce pedestrian right-of-ways. In just the first two hours, officers and one decoy issued warnings to more than 101 drivers at N. Lawndale and W. Belmont avenues on June 9, 2008 for not yielding to pedestrians in crosswalks. Chicago is also turning to technology to try to improve pedestrian safety and visibility for motorists. With countdown signals so pedestrians know how much time they have to cross a street, islands in the middle of intersections where pedestrians can wait, and raised crosswalks to help motorists better see pedestrians are helpful, it is important that both drivers and pedestrians know the “rules of the road.”

PEDESTRIAN Precautions

• Although pedestrians have the right-of-way in the cross walk, the pedestrian must exercise ordinary care for his or her own safety.
• No pedestrian may cross a roadway intersection diagonally • Pedestrians crossing at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection must yield the right-of-way to the vehicles on the road, in most circumstances.
• Any pedestrian crossing a street where a pedestrian tunnel or overhead pedestrian crossing has been provided must yield the right-of-way to all vehicles on the road.
• No Jaywalking—Between adjacent intersections where traffic control signals are in operation, pedestrians must not cross at any place except in a crosswalk.
• No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle which is so close as to constitute an immediate hazard.

DRIVER Obligations

• Drivers do not have rights superior to those of pedestrians in using a street crossing—and the pedestrian and driver of the vehicle must each look out for the other so that accidents do not happen.
• Drivers must exercise due care to avoid colliding with any pedestrian, bicyclist, or operator of any other device. This includes using proper precaution around children or upon observing any obviously confused, incapacitated, or intoxicated people.
• Drivers must yield the right-of-way to pedestrians with clearly visibile disabilities.
• Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers must yield the right-of-way to pedestrians.
• When traffic control signals are not in place or not in operation the driver of a vehicle yields the right-of-way, slowing down or stopping to yield to a pedestrian crossing the road way within the crosswalk.

Read past Personal Injury Focus articles online!

Click to read our current and past Print Versions of Personal Injury Advisor issues by downloading a PDF.

New Issue! Personal Injury Advisor, Volume 3, No. 1: Winter 2009
Personal Injury Advisor, Volume 2, No. 2: Summer 2008
Personal Injury Advisor, Volume 2, No. 1: Fall 2007
Personal Injury Advisor, Volume 1, No. 3: Holiday 2006
Personal Injury Advisor, Volume 1, No. 2: Summer 2006
Personal Injury Advisor, Volume 1, No. 1: Winter 2006

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