As family, friends and other visitors flood to Chicago for the holidays the shopping malls in the area become crowded and chaotic with shoppers. Captains Walk is a favorite shopping place amongst native Chicagoans and transplants alike. As a Chicagoan, you are probably aware that the pedestrian areas around the Captains Walk Shopping Mall can become more hazardous as winter approaches and weather conditions become harsher.
Our law firm has heard hundreds of stories of pedestrians and shoppers who have slipped and fallen on a patch of ice or clump of snow in the parking lot, garage or sidewalk surrounding the Captains Walk. Each person experienced injuries that ranged from minor to severe and debilitating in various respects. Some of the most severe injuries involved traumatic brain injury, herniated discs, broken bones, spinal and other fractures and soft tissue damage. Depending on the severity of the injury, victims could take months to heal or even longer.
Illinois Snow and Ice Removal Act
The Illinois Snow and Ice Removal Act outlines when a property owner is and is not liable for any injuries caused therein. The Act states that property owners do not have the duty to shovel and salt their sidewalks. However, if they decide to shovel and salt their sidewalks, they must do so in a safe and proper manner. Landowners also do not have a duty to compensate for injuries caused by the natural accumulation of snow and ice. This includes snow, ice, hail and other forms of precipitation that naturally accrue during nature’s weather patterns. It also includes snow or water brought inside of the shopping mall from patrons’ shoes or boots that is deposited inside the entryway of the store.
Forms of Compensation for Slip and Fall Injuries
If you were injured in a slip and fall accident that involved ice or snow and the owner of the Captains Walk in Chicago was proven to be negligent, you may be able to collect compensation for your injury. The Captains Walk may owe a duty to those they invite to shop or visit their shopping mall and if they breach that duty, the court may find they are liable for the injury you incurred. Although the shopping mall does not have a duty to shovel the sidewalks or salt surfaces, they have a duty to fix leaking pipes or faulty drainage systems that deposited water unnaturally onto surfaces used by pedestrians and shoppers.
If the Captains Walk shopping mall is found negligent, an injured party may recover economically for medical expenses and lost wages. He or she may also be able to recover for loss of quality of life and any pain and suffering they have endured due to the fall. If a loved one was lost due to a slip and fall accident, a wrongful death action might also be filed to seek damages.
Speak to one our highly qualified and experienced Chicago slip and fall snow and ice attorneys today to see if your injury and accident qualify for compensation.