If you or a loved one has been hurt in a slip and fall accident on someone else’s property in Cook County, you’ll need a skilled Chicago slip and fall injury lawyer with experience in personal injury and premises liability law to determine if you have a valid slip and fall lawsuit.
Do I Need a Lawyer for My Chicago Slip and Fall Accident?
Common Slip and Fall Injuries
Common slip and fall accidents (resulting in injuries that require extended recovery and unexpected costs) include fractures, sprains and strains, head injuries, spinal cord injuries, cuts and bruises, knee injuries, shoulder injuries, and hip injuries.
What Are Illinois’s Slip and Fall Laws?
In Illinois law, slip and fall cases fall under the Premises Liability Act (740 ILCS 130/1). This law requires property owners to keep their property reasonably safe for visitors. If a negligent property owner fails to do so and someone is injured, they can be held liable for the resulting damages.
It’s important to act quickly, as the deadline for filing a slip and fall lawsuit in Illinois—as defined by the statute of limitations (735 ILCS 5/13-202)—is typically two years from the date of the accident. However, this is reduced to one year for claims against government entities.
Does the Premises Liability Act Apply to Trespassers?
Yes, but the duty of care property owners owe to trespassers is limited. A property owner’s legal obligation depends on whether the person is a lawful visitor or a trespasser. According to the law, private and business owners have a limited duty to adult trespassers but a higher duty of care when the trespasser is a child.
Does Illinois’s Premises Liability Act Address an Attractive Nuisance?
Yes. The Illinois Premises Liability Act includes what is often called the “attractive nuisance” doctrine. Under this doctrine, property owners may be liable for injuries to children caused by a hazardous condition, like a swimming pool, if they should have known children might be at risk.
When Is a Slip and Fall Incident a Valid Personal Injury Claim?
For a successful claim following a trip and fall accident, you must prove the property owner’s negligence. This means showing they knew, or should have known, about a hazardous condition but failed to fix it. The duty of care owed to you by a property owner depends on your reason for being on the property, with business visitors (invitees) owed the highest level of care.
For a slip and fall claim to count as a valid claim under personal injury law, certain factors must be present:
- Duty of care: the property owner or manager had the responsibility to keep the place safe and prevent injuries to visitors.
- Negligence: the manager or property owner knew about the hazard but didn’t fix it or give enough warning.
- Actual injury: the victim must have gotten physically hurt—from broken bones to traumatic brain injuries (TBIs)—and suffered economic damages.
- Proximate cause: there needs to be a clear link between the hazard and the victim’s injuries.
Steps to Take After a Slip and Fall Accident
- Seek immediate medical attention: Promptly visit a healthcare professional to evaluate and document your injuries. This creates a clear medical record linking your injuries to the fall.
- Report the accident: Notify the property owner or manager right away. Request a written incident report and keep a copy for your own records.
- Document the scene: Take clear photos of where the fall occurred, focusing on hazardous conditions. If possible, collect witness statements and their contact information.
- Preserve evidence: Keep any clothing or shoes worn during the incident. Keep receipts for medical expenses as well.
- Avoid social media: Do not post about your accident or injuries on social media. This information could be used against your claim.
- Do not provide statements or sign documents without consulting a Chicago premises liability lawyer.
Common Places for Slip and Fall Accidents in Chicago
Slip and fall accidents can happen almost anywhere. Common locations for such accidents include supermarkets with spilled liquids, restaurants with uncleaned spills, shopping malls with wet or cluttered walkways, sidewalks with cracked pavement or ice, and workplaces with wet or uneven floors.
Who May Be Liable for a Slip and Fall Injury?
The owner or occupier of the property where the slip and fall occurred can be held responsible for injuries sustained on their premises—both public and private properties. But sometimes multiple parties might also share the blame, including:
- Property managers: if they’re in charge of keeping the property safe
- Contractors: if they were hired to do maintenance or repairs that caused the hazard
- Government agencies: if the injury happened on public property due to neglect or poor maintenance
What Defenses Can a Property Owner Use Against Me?
Property owners and their insurance companies often use defenses to reduce their liability. They may argue the injured person was at fault by claiming they weren’t paying attention or wore inappropriate footwear. Another common defense is that the hazardous condition was “open and obvious”—suggesting the injured person should have seen and avoided it.
Who Are the Most Common Victims of Slip and Fall Injuries?
Research from global and federal health organizations like the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) consistently identifies these three groups as the most commonly injured victims with slip and fall physical injuries.
- Older adults—as we age, our balance and coordination can decline, making us more susceptible to falling.
- Children—curiosity and lack of awareness can lead children to dangers like open manholes or unsecured railings.
- Employees—in hazardous work environments in industries like construction or manufacturing, workers may face hazardous conditions that can result in slip and fall injuries.
How Can a Chicago Slip and Fall Attorney Help Me?
If you believe you have a valid slip and fall injury claim, hiring a skilled slip and fall injury attorney can benefit your slip and fall accident case.
- Investigating the accident: we will gather evidence like photos, witness statements, maintenance records, and surveillance footage.
- Calculating damages: we will assess the full extent of your losses, including medical bills, lost wages, and pain and suffering, to determine full and fair compensation.
- Negotiating with the insurance company: we will handle all communication with insurance companies.
- Representing you in court: if necessary, we will take your case to court and advocate for a fair slip and fall settlement.
Compensation for Slip and Fall Injuries
If you’ve been injured in a slip and fall accident due to someone else’s negligence, you may have a valid premises liability case and could be entitled to compensation for your damages. In Illinois, slip and fall cases cover both economic losses (like medical bills, physical therapy, and lost wages) and non-economic losses (such as pain and suffering).
Contact a Chicago Slip and Fall Lawyer Today
If you or a loved one has suffered injuries on another person’s property due to dangerous conditions (like inadequate lighting in an apartment building or wet floors in a restaurant), seek medical treatment. Then contact us for legal representation.
We Offer a Free Initial Consultation
Call us to schedule a free consultation with an experienced Chicago slip and fall accident lawyer. We will listen to your case, discuss a premises liability claim to recover maximum compensation, and answer your questions.
(312) 223-1700