Asked in Personal Injury for Illinois

Q: Social guest who came to visit me at my store fell and broke her leg. Is my store liable for her injury?

She triped behind the counter area.

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3 Lawyer Answers
Ronald V. Miller Jr.
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Answered

A: The question is whether she tripped as the result of the negligence of the store? You are not liable just because someone falls in your store.

David Alan Wolf
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A: A store owner is not generally responsible for the injuries of a guest or visitor UNLESS there is a showing of fault or negligence on the part of the store owner. What caused the visitor to fall? Was there a dangerous condition on the property that the store owner knew or should have known about BUT the visitor was not aware of these dangers. Consult with a local attorney if you have concerns about your responsibility or liability. If there is business insurance in place contact your carrier for advice and guidance. Good luck.

Robert D. Kreisman
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Robert D. Kreisman
Answered
  • Chicago, IL
  • Licensed in Illinois

A: Falls resulting in injuries are often referred to as "slip and fall" cases. Generally these cases are difficult for plaintiffs to prove because of the causation aspect of negligence. Your store could be liable for the injuries suffered by this social guest in the event that there was a known defect to you the owner or a defect you should have known existed at the time of the injury. The burden of proof is on the injured to prove to a preponderance of the evidence that a defect in the flooring, carpeting, surface, etc. was a cause of the fall that caused the person's injury. Many times these cases fail because the injured person is unable to identify a clear defect that caused the fall and resulting injury.

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