Slip And Fall Cases – The Open And Obvious Danger Defense

websitebuilder • August 15, 2012

Slip and fall cases are subject to various defenses. A typical defense is that the defect on the floor or sidewalk was “open and obvious” such that the plaintiff could have avoided it. So if you are walking in a supermarket and there is a big puddle of spilled liquid in the aisle, the defense can argue that the danger was open and obvious had the plaintiff been paying attention to his or her surroundings. One way to get around the open and obvious defense is the exception where it can be reasonably anticipated that the plaintiff will be distracted and therefore not note what otherwise would be open and obvious. For example, where there are colorful displays of products on the shelves, it may be a jury question as to whether the customer was justifiably distracted and thus did not see what otherwise would be considered open and obvious.

A recent Illinois Appellate Court decision in the matter of Waters v. City of Chicago , extended this exception. In Waters , a woman was walking down the street when she encountered barricades with metal bases that extended into the crosswalk. Although she observed and avoided the first two metal bases she didn’t see the third one and tripped and injured herself. The plaintiff’s claim was that the noise of a jackhammer in the near vicinity so distracted her that she did not see the otherwise open and obvious barricade base. The trial court held that as a matter of law the defense was entitled to judgment but the Appellate Court reversed and held that the plaintiff was entitled to a trial and that a jury could decide whether or not it was reasonable for her to be distracted by the noise of the jackhammer. This is an extension of the exception because the noise from the jackhammer was not a distraction created by the owner of the premises. Nevertheless, the Appellate Court said that the City should have anticipated that there would be construction in the immediate area and could have placed warnings or just closed off the sidewalk and provided an alternative.

The bottom line is that slip and fall cases are not easy cases to win but there are ways that good lawyers can sometimes overcome the various defenses to these suits.

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Your Guide to Winning a Personal Injury Claim

April 9, 2025
Learn how to navigate the process of winning a personal injury claim with the help of a reputable Personal Injury Law Firm in Springfield, MO. Read on for expert tips and advice.

New Bicycling Law Treats Bikes the Same as Cars

By websitebuilder • August 17, 2016
For years, Illinois state law has said that bicyclists have the same rights and duties as people in automobiles. But a new law recently signed by Gov. Bruce Rauner (House Bill 5912) amends the Illinois Vehicle Code to state that every bicyclist on the road is enititled to all of the rights “including but not limited to” the ones dealing with right of way. The effect of this new law is to clarify that bicyclysts have the same right of way as a car or truck would have. While bicyclists do their best to be safe on the road, accidents still happen. The sad reality is that most bicycle accidents are not the fault of bicyclists, but are the result of other drivers who do not see or fail to yield to bicyclists. We’ve obtained record breaking verdicts that have gained us the reputation as one of the best accident law firms in Chicago. At Shapiro, Cohen and Basinger, Ltd., we are serious bicycle accident attorneys, not afraid to take on large corporations and insurance companies.

Motorcycle Accidents

By websitebuilder • June 12, 2015

Lawmakers Approve Police Body Cameras

By websitebuilder • June 2, 2015
Illinois Lawmakers overwhelmingly approved a set of rules last week for police body cameras. The legislation was passed in response to national controversies over use of force after the deaths of unarmed black citizens in New York, Ferguson, Missouri and elsewhere. Under the law, police in participating departments would have to keep body cameras on at all times while on a call and the recordings would be maintained for 90 days. The law would also require independent investigations of officer-involved deaths. Proponents of the law hope it will serve to reduce police misconduct and unlawful use of force. The bill now goes to Governor Rauner for consideration. If you or someone you know has been the victim of police misconduct, contact the experienced police misconduct attorneys at Shapiro, Cohen and Basinger, Ltd. today to discuss your legal rights.

Illinois Ranks Second in Dog Bite Claims

By websitebuilder • June 1, 2015
A recent study conducted by State Farm and the Insurance Information Institute found Illinois to be second among all states in the frequency of dog bite claims. In 2014 there were 309 such claims in Illinois with $8.9 million in claims paid. Children are most likely to be the victims of dog bites. If you or someone you know is the victim of a dog bite, contact one of the attorneys at Shapiro, Cohen and Basinger, Ltd. today to discuss your legal rights.

Governor Quinn Signs 6-Person Juries Into Law

By websitebuilder • December 23, 2014
On Friday, December 19, Governor Pat Quinn signed SB 3075 into law.  The law amends the Code and the Code of Civil Procedure regarding jury service in Illinois.  Specifically, the bill does the following: Cuts the number of jurors in civil cases from 12 to 6.  The amendment also requires the parties to pay for alternate jurors. Increases the minimum payment for jury service to $25 for the first day and $50 for subsequent days. Mirrors federal law and that of many states by reducing the size of civil juries from 12 to 6 in Illinois.  The requirement of unanimous decision is unchanged. SB 3075 was sponsored in the Senate by Senator John Mulroe. Representative Kelly Burke sponsored the bill in the House. The effective date for both bills is June 1, 2015. If you or a loved one have been injured, call Shapiro, Cohen and Basinger, Ltd. to discuss your right to a civil jury trial.

Cook County Courts to Allow Video Cameras

By websitebuilder • December 17, 2014
Video cameras and audio recording devices will be allowed in some Cook County courtrooms beginning January, 2015 month, Cook County Circuit Court Chief Judge Timothy C. Evans announced this week. Cook County joins about 40 other Illinois Counties which allow video of court proceedings. The pilot program will apply to some felony courtrooms at the Leighton Criminal Court Building, at 26th St. and California St. in Chicago. The Illinois Supreme Court previously approved the use of cameras in trial courtrooms as a way of making legal proceedings more transparent. Under the program, video coverage will be prohibited in juvenile, divorce, adoption, child custody, evidence suppression and trade secret cases. Additionally, in the case of a sexual abuse prosecution, coverage of the accuser’s testimony is prohibited without his or her consent. Judge Evans welcomed the pilot program, saying in a prepared statement “I am extremely pleased that the public will now hear and see through extended media coverage, exactly what is taking place in Cook County courtrooms.”

Proposal to Cut Illinois Civil Juries from 12 to 6 Passes Illinois House

By websitebuilder • December 8, 2014
A proposal to trim the number of jurors from twelve to six in civil trials in Illinois circuit courts passed the Illinois House of Representatives on December 2, 2014.  Senate Bill 3075 would cut by half the size of civil juries while boosting juror pay to $25 for the first day of service and $50 per day thereafter.  The measure now moves to the Illinois Senate for debate.  If the bill passes the Senate, it would move on to Governor Quinn for consideration. Supporters of the bill point out that the federal courts and a majority of state courts already use civil juries of this size.  Additionally, advocates of the measure state that reducing the number of jurors in civil cases would mean less citizens being called for jury duty, thereby disrupting fewer families and businesses.  The change would also shorten the voir dire process in trials, during which attorneys and the court question jurors to ensure those selected for jury service can be fair and impartial. Should you have questions about your right to a civil jury trial, call one of the injury lawyers at Shapiro, Cohen and Basinger, Ltd. today for a free consultation.

Prosecuting or Defending a Civil Lawsuit Under a Fictitious Name

By websitebuilder • October 16, 2014
Last month, the Illinois Appellate Court issued a rare opinion interpreting section 2-401(e) of the Code of Civil Procedure, which allows a litigant to appear under a fictitious name upon a showing of “good cause.” In Doe v Northwestern Memorial Hospital , 2014 IL App (1st) 140212, a group of plaintiffs filed complaints against Northwestern Memorial Hospital and Northwestern Medical Faculty Foundation alleging that the defendants negligently allowed a cryogenic tank to fail causing damage to semen and testicular tissue stored in the tank. Most plaintiffs suffered from cancers which were likely to significantly interfere with their ability to engage in ordinary reproductive activities. In affirming the trial court’s order allowing the use of pseudonyms, the court recognized that the use of pseudonyms is disfavored and reserved for “exceptional circumstances” involving “highly personal” matters such as abortion, adoption, sexual orientation, and religion. Applying a balancing test, the court found that plaintiffs’ reproductive health and medical treatments were “extremely private and sensitive topics” and that individual privacy concerns outweighed the public’s interest in open court proceedings.

Steering Defect Leads to New Ford Recall

By websitebuilder • October 16, 2014
The New York Times reports that the National Highway Transportation Administration is investigating a power steering issue that could affect 938,000 2010-2012 Ford Fusion and Lincoln MKZ sedans, noting the company has already recalled 1.1 million other vehicles due to the defect. The Times reports that NHTSA “has received 508 complaints from owners, including four reports of accidents that occurred when the power steering assist suddenly failed, requiring ‘increased steering efforts that contributed to a loss of control and crash.’” If you or a loved one has been injured due to mechanical problem with a vehicle, contact Shapiro, Cohen and Basinger, Ltd. today to discuss your legal rights.
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