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Slip and Fall (Accidents & Personal Injury Law)

Wed, 18 Feb 2009 10:50:00 GMT

What is the name of your state (only U.S. law)? Illinois
I had a slip and fall at my residence on the walkway, on Christmas eve 2008. I had my legs come completely out from under me and I landed on my back and hit my head hard on the ice, concrete & bricks. I guess I was lucky that I didn't injure myself more seriously. I live in a rental property.
I went to the hospital and informed the property management. I didn't get a response from the insurance company for 6 weeks, after telling the property manager on 3 different occasions and not until I threatened to seek legal consul did the insurance company call me (within the hour of that threat to the property manager). At that point the rep. made it seem as though they had been trying to call me all the time, and that it was my fault that the claim hadn't been processed sooner. She continued by saying they had already sent a letter to me regarding the incident prior to the conversation on the phone. The letter I received was dated and postdated the day after we had the conversation.
At this point I feel as though I'm being taken advantage of by the insurance company. You hear all the time about the little guy being taken advantage of and that's what I feel. I went to the hospital and had x-rays and all that the same day of the accident.
I'm interested to know if this is a case that I should pursue with an attorney. I spoke with a friends attorney initially but he made me feel as if this wasn't worth the time, but after not hearing from the insurance company for 6 weeks, and then their blatant lies when they did contact me, I feel like I need to do something to protect myself.
I took pictures of the area where I feel that was completely covered in ice.What is the name of your state (only U.S. law)?

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  • Mon, 23 Feb 2009 12:35:00 GMT(1)
  • You assume risk when you walk outside on an icy sidewalk. You have a duty to exercise due care. It's not possible for anyone to ensure that there is no ice on a sidewalk in winter after a snowstorm. Even after shoveling and salting, ice can be present. This is common sense and if you are going to walk on an icy sidewalk, you know it's possible you could fall. You can't blame the property manager for that. Even if they did NOT shovel and salt, this is something you could see prior to stepping onto the sidewalk and would be expected to be extra careful.
  • Wed, 18 Feb 2009 10:59:00 GMT(2)
  • You can shop it around, of course, but I don't see your case yet. You may get a nusiance settlement, but how was the landowner negligent?
  • Wed, 18 Feb 2009 10:55:00 GMT(3)
  • Did you have a question?
    ASSuming that you are asking who you can attempt to collect money from...nobody. Well, I suppose you COULD try to sue the entity that created the ice...
  • Mon, 23 Feb 2009 11:13:00 GMT(4)
  • the property management company wouldn't be negligent for not removing the ice? is there any additional monies to be received from pain and suffering other then for medical bills. the janitoral staff at the build is responsible for insuring that the walk ways are free of any build up that results from snow fall, or ice and I know for a fact that the staff was late to work that day. additionally, after it was reported I see on a regular basis that the walkway is salted and checked. isn't that something that can be argued is a direct result of my fall and therefore an admitance of neglect? hope me out here people, am I screwed or shouldn't i be getting some form of compensation? isn't that what insurance is for
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