Elevator Accidents in Retail Stores
Dedicated Injury Lawyers Assisting Victims in the Chicago Area
Each day, people at grocery stores, shopping malls, restaurants, and other retail stores rely on elevators to get from one floor to another. When you use an elevator at any retail establishment, you expect to be safe. Unfortunately, however, that is not always the case. If you or someone close to you has been injured in an elevator accident in a retail store, it is important to seek the help of a Chicago elevator accident attorney who can evaluate the facts of your case. At Therman Law Offices, we have more than 35 years of combined experience serving victims throughout Cook County.
Pursuing a Claim for Compensation Following an Elevator Accident in a Retail Store
The United States Bureau of Labor Statistics reports that dozens of people are killed in elevator accidents each year and thousands across the U.S. are injured. The majority of these accidents are related to elevator door malfunctions, carriage misalignment with floors, and passenger safety vulnerabilities. Depending on the nature of the accident, elevator accidents can lead to broken bones, lacerations, scars, brain injuries, neck injuries, spinal cord injuries like paralysis, and even death.
Business owners have a responsibility to ensure that their property is safe for the public. In Illinois, as in other states, the status of the plaintiff at the time of the injury is an important part of the case. Individuals who are invited onto the property for the mutual benefit of the owner, such as customers at a retail store, are considered “invitees.” Invitees are owed the highest duty of care of any type of visitor. Part of this duty includes an obligation to inspect the property for potential dangers and then either remedy the problem in a reasonable amount of time or adequately warn the public of the dangers. If a property owner fails to take these measures, it can be liable when an individual is injured in an elevator accident on the property.
In order to establish liability for an elevator accident in a retail store, the plaintiff must demonstrate the following elements:
- The defendant owed the plaintiff a duty of care;
- The defendant breached the duty of care owed to the plaintiff either by an action or by a failure to act;
- The defendant’s breach was a direct cause of the elevator accident; and
- The plaintiff suffered quantifiable damages as a result of the accident.
In Illinois personal injury cases, as in other civil cases, the burden of proof is on the plaintiff to show that the defendant was negligent by a preponderance of the evidence. This standard requires the plaintiff’s proof to support the greater weight of the evidence. Put simply, the plaintiff’s version of events must be more likely true than the defendant’s version of events.
After liability is established, the plaintiff will be able to recover a range of economic and non-economic damages for their harm. Economic damages include things like medical expenses, lost income, and rehabilitation costs. These types of damages are intended to compensate the injured party and put them back in the position in which they would have been had the accident not occurred. Non-economic damages are awarded for non-monetary harms, such as disfigurement, pain and suffering, and disability.
Contact a Chicago Lawyer to Discuss the Details of Your Case
Unfortunately, elevator accidents are more common than you may think. If you or someone close to you has been injured in an elevator accident in a retail store, you need to reach out to a seasoned Chicago attorney who can assert your rights. At Therman Law Offices, we have the experience and skill to handle your claim. Our goal is to help you get the compensation that you need to move on with your life. Our injury lawyers also represent victims in cities such as Carol Stream, Glendale Heights, Lombard, Villa Park, Addison, Elmhurst, West Chicago, and Lemont. To discuss your case in more detail, call us at 312-588-1900 or contact us online for a free consultation.