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Woman claims premises liability injury in Illinois Wal-Mart

Posted on in Premises Liability

With the last round of winter storms and cold weather, Illinois residents know that it is dangerous outside. Sidewalks and roads are covered with ice and snow, which make them quite slippery. But outside slip and falls are not the only concern.

A woman took a fall inside a Wal-Mart in Collinsville, Illinois and claims that she was injured in the fall. The accident happened in May of 2012. According to the woman&s legal complaint, she was shopping at the Wal-Mart when she says that she slipped in some spilled dish soap.

The woman&s complaint also says that Wal-Mart failed in its duty to create a safe place for shopping and that the store failed to warm its customers of the dangerous spill on the floor. Wal-Mart responded to the complaint and denied the allegations. The company specifically denies the fact that the woman&s fall was the proximate result of Wal-Mart&s negligence. Wal-Mart also disagreed to the extent of the woman&s claimed injuries and damages. She is asking for a judgment of more than $50,000 for injuries to her shoulder and knee.

In addition to denying the allegations, the store also returned with its own affirmative defenses and claim that the woman herself is responsible for any injuries. Wal-Mart also requested a jury trial.

Slip and fall accidents like this, fall under the umbrella of premises liability. If a victim is injured on another person&s property because of a dangerous condition, the victim may be able to recover under a premises liability lawsuit.

But there are certain elements that the victim must be able to demonstrate in order to collect damages. For a successful case to be possible, one of three things must have occurred: the property owner should have known about the unsafe condition and made the necessary repairs; the owner had actual knowledge of the unsafe condition and did not take steps to repair; or the property owner actually caused the unsafe condition.

When the question arises as to whether or not a property owner should have known about a dangerous condition, a reasonable person standard is applied. A premises liability lawyer can help explain these elements and the necessary requirements for a successful recovery of damages.

Source: The Madison-St. Clair Record, "Wal-Mart claims customer is at fault for alleged slip and fall on dish soap," Heather Isringhausen Gvillo, Dec. 31, 2013

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