Aurora, IL Premises Liability Lawyers

Experienced Lawyers for Slip and Fall Accident Victims Serving Aurora, Kane County and DuPage County

A slip and fall accident may seem minor – until it happens to you. At John J. Malm & Associates, we understand that a sudden fall can cause serious, even life-changing injuries. Whether you slipped on an icy sidewalk outside a business or tripped over a hazardous condition in a store, you may be entitled to compensation under Illinois premises liability law.

Our experienced Aurora slip and fall attorneys have more than 90 years of combined legal experience fighting for injury victims in Aurora, Kane County, and DuPage County. We know how to hold negligent property owners accountable and help our clients recover compensation for their medical expenses, lost wages, and pain and suffering.

What Is a Premises Liability Claim?

Premises liability cases arise when a property owner, manager, or tenant fails to maintain a safe environment for visitors, leading to dangerous conditions and injuries. Under Illinois law, property owners have a legal duty to keep their property reasonably safe and to warn visitors of known hazards. When they fail to do so, they may be held liable for injuries that occur on their property. Premises cases include slip and falls, trip and falls, and other types of fall accidents.

Common causes of fall accidents in Aurora include:

• Wet or slippery floors
• Icy or uncleared sidewalks
• Broken stairs or handrails
• Uneven flooring or potholes
• Poor lighting
• Spilled liquids in grocery stores or retail spaces
• Unmarked hazards

The Law on Premises Liability in Illinois

In Illinois, the duty of property owners and occupiers to maintain their premises in a reasonably safe condition is governed by the Illinois Premises Liability Act (740 ILCS 130/1 et seq.).

Under the Act, property owners and occupiers owe a duty of reasonable care to people lawfully on their property to:

1. Maintain the property in a reasonably safe condition.
2. Warn of known dangerous conditions that are not open and obvious.
3. Take reasonable steps to remedy hazards they knew about or should have known about.

This duty extends to invitees, customers, and lawful visitors, including individuals on commercial, residential, and public property.

Three Key Illinois Slip and Fall Cases

Several important Illinois cases have shaped the law on the responsibilities of landowners in slip and fall cases:

1. Ward v. K Mart Corp., 136 Ill. 2d 132 (1990): In this leading case, the Illinois Supreme Court held that even if a hazardous condition is open and obvious, a landowner may still owe a duty of care if they should anticipate that lawful visitors may be distracted or unable to avoid the condition.
2. LaFever v. Kemlite Co., 185 Ill. 2d 380 (1998): The Court reaffirmed that landowners have a duty to warn and protect against dangerous conditions that may not be obvious to invitees, even if the hazard was created by an independent contractor.

What Will a Jury Consider in a Slip and Fall Case?

If your case proceeds to trial, the jury will be instructed on the landowner’s duty of care. Specifically, the court will rely on Illinois Pattern Jury Instructions – Civil, No. 120.08, which provides:

“The owner or occupier of premises owes a duty to exercise ordinary care to see that the premises are reasonably safe for the use of persons lawfully on the premises.”

The jury will be asked to consider whether the property owner:

• Knew or should have known of the hazardous condition;
• Failed to remedy or warn of the condition within a reasonable time;
• Caused the dangerous condition;
• And whether the plaintiff’s injuries were a foreseeable result of the condition.

Common Injuries from Slip and Fall Accidents

Slip and fall accidents can result in severe injuries, especially among older adults or individuals with pre-existing health conditions. Common injuries include:

• Broken bones and fractures
• Head injuries and traumatic brain injuries (TBI)
• Back and spinal cord injuries
• Knee and hip injuries
• Cuts and lacerations
• Permanent disability

The financial and physical impact of these injuries can be significant. Our team of dedicated Aurora slip and fall attorneys will fight to ensure you receive the compensation you need to recover.

What Compensation Can You Recover in an Aurora Slip and Fall Case?

If you’ve been injured in a slip and fall accident in Aurora, you may be entitled to compensation for:

• Medical expenses (past and future)
• Lost income and loss of earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement

Our attorneys will carefully assess the full extent of your damages and aggressively pursue maximum compensation.

How Do You Prove Liability in an Aurora Slip and Fall Case?

To succeed in a premises liability claim, you must prove that:

1. The property owner or occupier owed you a duty of care.
2. They breached that duty by failing to maintain the property in a reasonably safe condition.
3. Their negligence caused your fall and injuries.
4. You suffered actual damages as a result.

Our Aurora slip and fall lawyers will conduct a thorough investigation, including:

• Obtaining surveillance footage, if available
• Gathering incident reports
• Interviewing witnesses
• Reviewing maintenance records
• Consulting with safety and medical experts

We will build the strongest possible case on your behalf.

Comparative Fault in Illinois Slip and Fall Cases

Sometimes, the property owner will argue that you were partially at fault in a slip and fall case. Here in Illinois, we follow a comparative fault rule. Under 735 ILCS 5/2-1116, if you are found to be partially at fault for your slip and fall accident, your compensation may be reduced by your percentage of fault.

For example, if you are awarded $100,000 but found 20% at fault for not paying attention to where you were walking, your compensation would be reduced to $80,000.

However, if you are found more than 50% at fault, you cannot recover any damages under Illinois law. Our attorneys will work to defend against any claims that you contributed to your fall and ensure that your recovery is not unfairly diminished.

Why Choose John J. Malm & Associates for Your Aurora, IL Slip and Fall Case?

At John J. Malm & Associates, we have built a reputation for proven results and compassionate client service. When you choose us, you can expect:

• 90+ years of combined legal experience
• Millions recovered for injury victims in Kane and DuPage Counties
• Six award-winning attorneys dedicated to fighting for your rights
• Personalized attention and respectful communication
• Convenient offices in Naperville and St. Charles, serving clients in Aurora and surrounding areas
• Experience you can count on. Justice you deserve.

What to Do After a Slip and Fall Accident in Aurora, IL

If you are injured in a slip and fall accident, it is crucial to take the right steps to protect your health and your legal rights:

1. Seek Medical Attention: Even if your injuries seem minor, get evaluated by a healthcare professional.
2. Report the Incident: Notify the property owner or manager and request an incident report.
3. Document the Scene: Take photographs of the hazard, your injuries, and any surrounding conditions.
4. Gather Witness Information: Collect names and contact information for anyone who witnessed the fall.
5. Contact an Attorney: Speak to an experienced Aurora slip and fall lawyer to discuss your legal options.

Understanding the Statute of Limitations for Slip and Fall Cases in Illinois

In Illinois, the statute of limitations for most personal injury cases, including slip and fall claims, is two years from the date of the accident. This means you must file your lawsuit within two years, or you may lose your right to recover compensation. However, certain exceptions may apply. For example, if the accident occurred on government-owned property, different notice and filing deadlines may apply.

Frequently Asked Questions (FAQs) about Aurora Slip and Fall Claims

1. How long do I have to file a slip and fall claim in Illinois?
   1. Generally, you have two years from the date of the accident.
2. What if I was partially at fault for the fall?
   1. Illinois follows a comparative fault rule. If you are more than 50% at fault, you cannot recover damages.
3. Can I sue if I slipped and fell in a government building in Aurora?
   1. Yes, but special notice requirements and shorter deadlines may apply.
4. What if there were no warning signs near the hazard?
   1. Lack of warning signs can support your claim that the property owner failed to warn you of the dangerous condition.
5. How much is my slip and fall case worth?
   1. The value depends on your medical costs, lost income, pain and suffering, and other damages. A personal injury attorney can help you get what your case is worth.
6. Do I need an attorney to file a slip and fall claim?
   1. It is strongly recommended. An experienced Aurora premises liability attorney will help you build your case and negotiate with insurance companies.
7. What should I bring to my initial consultation?
   1. Bring medical records, incident reports, photos of the scene and your injuries, and any communication with insurance companies.

“Slip and fall cases are often misunderstood, but the truth is these incidents can leave victims with lasting injuries and financial hardship. At John J. Malm & Associates, we are committed to standing up for injury victims in Aurora and ensuring they receive fair compensation for their losses.” – John J. Malm, Aurora slip and fall attorney

Contact the Compassionate Aurora, IL Premises Liability Attorneys at John J. Malm & Associates

At John J. Malm & Associates, we proudly serve clients throughout Aurora, Kane County, and DuPage County, with convenient office locations in Naperville and St. Charles. If you’ve been injured in a slip and fall accident in Aurora, don’t wait to protect your legal rights. Contact us today for a free consultation. We will listen to your story, explain your legal options, and help you pursue the compensation you need to move forward. Let the experienced Aurora slip and fall lawyers at John J. Malm & Associates fight for you.