Starbucks Sued in Illinois Slip and Fall
An Illinois woman has filed a personal injury slip and fall lawsuit against a Starbucks nestled within a Target. The plaintiff is suing both Starbucks and Target for injuries she sustained during the slip and fall alleging both negligence and premises liability. According to the lawsuit, the plaintiff suffered severe and permanent injuries, physical and mental pain and suffering, loss of normal life, disfigurement, impairment of the ability to earn money in the future, increased risk of future injury, and was obligated to pay large sums of money related to medical care stemming from her preventable slip and fall. The plaintiff is seeking a judgment in excess of $50,000 plus attorneys’ fees.
According to the lawsuit, the plaintiff contends that she was a customer of Starbucks and was lawfully on the property last Oct. 12 when she “was caused to slip and fall by liquid on the floor.” The plaintiff contends that there were no signs or warnings alerting patrons to the coffee shop or the plaintiff. In other words, there were no “caution wet floor” signs placed on the ground. The plaintiff alleges that employees of the Starbucks negligently allowed a wet substance to create a slip hazard on their floor without addressing or remedying the dangerous condition.
Slip and fall lawsuits in Illinois
To win a slip and fall lawsuit in Illinois, the plaintiff must be able to prove that the proprietor was negligent. To prove the proprietor was negligent, you must establish that:
- The proprietor owed you a duty of care
- The proprietor breached that duty of care
- You suffered an injury as a result of that breach
In terms of slip and fall lawsuits, the plaintiff must be able to show that the proprietor either knew about the dangerous condition or should have known about the dangerous condition, but failed to exercise ordinary care. When it comes to slip and fall lawsuits, negligence is proven on the grounds of foreseeability. In other words, the plaintiff must be able to establish that the employees were aware of the slip hazard or should have been aware of the slip hazard, but failed to mop the floor before someone was injured.
Comparative negligence in slip and fall lawsuits
When it comes to filing slip and fall lawsuits, as a plaintiff, you must be prepared for the defendant to blame you or say your own negligence resulted in the accident that caused your injury. In these cases, surveillance footage of the accident is crucial to proving that the plaintiff did not contribute negligence to the slip and fall. If a defendant can argue that the plaintiff was looking at their phone right before they slipped and fell, then they can reduce their own negligence. This is known as comparative negligence and it finds its way into almost every slip and fall lawsuit. If a plaintiff is found to be 25% responsible for their own injuries, then they can have their potential award reduced by 25%.
Talk to a Springfield, IL Slip and Fall Attorney Today
Patel Law, PC represents the interests of Champaign and Springfield residents who have been injured in slip and fall accidents. Call our Springfield personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
Source:
patch.com/illinois/shorewood-il/starbucks-shorewood-sued-woman-who-visited-target-store