Legal Question in Personal Injury in Illinois
Elderly mother injured slipping on ice
My 79 year old mother recently slipped and fell on the icy sidewalk in front of her townhome. She suffered a fractured shoulder and serious head/face injuries, and is still recuperating 6 weeks later. She lives in an over 55 community and pays $180 per month for the association to remove ice and snow. A downspout deposits water directly on the sidewalk in front of her door, then freezes (bad design!). She also laid on the sidewalk in the bitter cold, in pain and bleeding profusely, for 20 minutes before a neighbor found her and called paramedics. I believe the association is at fault for not properly removing the ice and snow. Should we pursue this?
4 Answers from Attorneys
Re: Elderly mother injured slipping on ice
I have been practicing personal injury law in Illinois and Indiana for over 25 years. This was more than negligence. This kind of conduct is a betrayal to your mother as I am sure she chose to purchase in this community for peace of mind and added safety that should have been provided. I hope that she is doing better.
Injuries at here age can be devastating and almost always have residual effects. You should definately pursue this matter. There may be representations that were made in the sale of the townhome to her concerningthe special needs of those over 55 that may create liability. Certainly there may be a breach of contract for the snow and ice removal. There may also be design liability against the builder, gutter installer and architect.
Your mother is entitled to her past, future and present medical expenses, temporary disability, permanent disablity, disfigurement and other expenses necessitated by their acts of negligence.
Re: Elderly mother injured slipping on ice
Sorry about our mother's injury.
You have nothing to lose by
pursuing the claim. Most personal
injury lawyers represent injury
victims on a contingency fee
contract.
Fall down claims are traditionally
difficult. The fact that the association has a contract to clear
the sidewalks and the fact that
the downspout deposits water
onto the sidewalk are favorable
facts.
Please do not hesitate to contact
me for a free no obligation
consultation.
Scott Blumenshine
Law Offices of Meyer and Blumenshine
Re: Elderly mother injured slipping on ice
I would. I think there was a contractual obligation to remove ice and snow, and the downspout placement is probably a code violation.
Re: Elderly mother injured slipping on ice
You are welcome to contact my office for a free consultation. We will investigate the circumstances and will advise you of whether we think your claim will be successful.
Jeff Friedman
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