Premises

How Winter Weather Increases Slip and Fall Accidents in Naperville

February 12, 2025 | John J. Malm

Winter in Naperville brings picturesque snowfall, but it also comes with hazardous conditions that significantly increase the risk of slip and fall accidents. Snow, ice, and freezing temperatures create treacherous walkways, leading to serious injuries for pedestrians. Property owners, businesses, and municipalities have a legal obligation to maintain safe walking surfaces. However, despite best efforts, winter conditions still lead to a surge in falls, resulting in serious injuries.

In this blog, we’ll explore how winter weather contributes to slip and fall accidents in Naperville, the common injuries sustained, the legal responsibilities of property owners, and what slip and fall victims can do to seek compensation for their injuries. Continue reading

Ankle Fractures from Falls on Snow and Ice: The Legal Implications and What Victims Should Know

January 9, 2025 | John J. Malm

Winter in Illinois brings not only picturesque snowfalls but also treacherous conditions that increase the risk of slip and fall accidents. One of the most common and serious injuries resulting from such accidents is an ankle fracture. Falls on icy or snow-covered surfaces can lead to devastating injuries, with ankle fractures among the most painful and debilitating. These fractures can require extensive medical treatment, including surgery, rehabilitation, and time away from work, significantly impacting the physical and financial well-being of victims. Continue reading

The Responsibility of Event Organizers for Attendee Safety: Ensuring a Secure and Prepared Environment

September 12, 2024 | John J. Malm

The event industry is a massive and profitable sector, generating billions of dollars annually across the globe. Whether it’s a major sports event, a sold-out concert, an expo, or a high-profile festival, these gatherings draw large crowds and offer significant financial opportunities for organizers, sponsors, and performers. In the U.S. alone, concerts, sporting events, and festivals have become a cornerstone of entertainment, bringing together millions of people. However, along with the excitement and economic benefits comes a critical responsibility—ensuring the safety of attendees.

Event organizers are tasked with managing the complex logistics of hosting large crowds while protecting the public from potential hazards. From concert venues packed with thousands of fans to stadiums filled for high-stakes sporting events, the safety of attendees is paramount. Failing to do so can not only lead to tragic injuries but also have severe legal and financial repercussions. This blog explores the significant duty of care that event organizers must uphold, the legal implications of failing to do so, and the steps they must take to keep attendees safe. Continue reading

Exceptions to the Open and Obvious Defense in Illinois Premises Liability Cases

March 20, 2018 | John J. Malm

What is the Open and Obvious Defense?

In a premises case, such as a slip and fall, there is a framework for establishing whether a defendant, usually the landowner, is liable to the plaintiff for injuries the plaintiff sustained on the defendant’s land. The landowner is liable to the plaintiff for the condition on his/her land that caused the injury if s/he: (1) knows or in the exercise of reasonable care would discover the condition and should realize that the condition involves an unreasonable risk of harm, and (2) should expect that such persons will not discover or realize the danger or will fail to protect themselves against it, or (3) fails to exercise reasonable care to protect the plaintiff. Genaust v. Ill. Power Co., 62 Ill.2d 456 (1976).

However, a defendant can defeat the plaintiff’s case using several defenses. One of the defenses a defendant can use is the open and obvious defense. Under the open and obvious defense, a defendant will not be liable for the plaintiff’s injury if the item causing the injury was “open and obvious.” A defendant will be liable to the plaintiff for the plaintiff’s injuries if the condition on the defendant’s property was hidden or otherwise undiscoverable by the plaintiff. Examples of open and obvious conditions given in Illinois’ Pattern Jury Instructions include bodies of water (Bucheleres v. Chi Park Dist., 171 Ill.2d 435 (1996)), electricity (Genaust v. Ill. Power Co,, 62 Ill.2d 456 (1976)), and trucks poised on an inclined ramp (Sepesy v. Arch Daniels Midland Co., 97 Ill. App. 3d 868 (4^th Dist. 1981)). Continue reading