In slip-and-fall (and trip-and-fall) cases, there are several techniques the defense may deploy to attempt to defeat your claim and avoid paying compensation to you. One of the more common tactics is to assert that the defect that caused your fall was “open and obvious.” This argument can be powerful because the law says that the owners or controllers of a property have no legal obligation to provide protection against, or a warning about, open and obvious risks. In order to make sure you have your opportunity for your day in court (and to obtain the compensation you deserve), be sure that you are prepared by having experienced Illinois premises liability counsel representing you in your case.
One man who had to battle against an “open and obvious” argument was Steven, who was injured while attempting to enter the condo he shared with his girlfriend, Karen. According to the injured man’s lawsuit, he slipped and fell on the “stoop and stairs” situated in front of the condo’s entrance. The fall caused Steven to suffer very serious injuries to his left knee and left ankle, which caused him to have to undergo multiple surgeries and led him to sue.
According to Steven, the problem arose after the property manager hired a firm to apply an epoxy substance to the stoop and stair area. Allegedly, after the epoxy job was completed, the stoop and stair area was very slippery, especially when wet. Karen allegedly complained to the property manager at least 3-4 times, starting in 2008. (Steven’s accident took place in October 2009.)