Written by Charles J. Gale. Posted in Premises Liability, Slip and Falls, Trip and Falls





Our client, a 62 year old woman visiting her husband at the cemetery,  had a fall while walking in the cemetery caused by the uneven ground.  The ground had been dug up earlier for burial sites but the employees of the cemetery did not properly compact the dirt, leaving a large hole which our client stepped in.  The law allows recovery against landowners who create a dangerous condition on their property.  In this case, the fall while walking in the cemetery was caused by the uneven ground,  a dangerous condition that was created by the cemetery.  And, because the condition was both unreasonably dangerous and created by the cemetery, the cemetery was legally liable and therefore responsible for the injuries and damages of our client.

To be successful in a case like this, we need to prove that the fall while walking in the cemetery was caused by a condition created by the cemetery.   Simply proving that the ground is uneven is not sufficient to prove a case.  We needed to prove that the uneven ground was actually created by the cemetery.  To do this, we needed to document and preserve the conditions at the exact area of the fall immediately after the fall.  To document the scene, we take pictures of the freshly disturbed ground and the contrast with immediate area.  An examination of the area, preserved with pictures, will show that the area had been freshly dug up, in this case, by the cemetery employees.   When presented with this clear and incontrovertible evidence, the cemetery had to concede that our client’s fall walking in the cemetery was in fact caused by a condition that they in fact created.  The result was a $65,000.00 recovery for our client.

If you have a fall while walking in the cemetery while visiting your loved ones, call our office immediately so we can get the same recovery for you!


Charles J. Gale

Charles J. Gale

B.B.A., University of Michigan School of Business; M.A.S., University of Illinois School of Business; J.D., University of Illinois School of Law; C.P.A., Illinois; Licensed to Practice Law, Illinois Licensed to Practice Law, Arizona

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