Illinois Premises Liability Attorneys

Top-rated Injury Lawyers for Slip and Fall Victims in Naperville, St. Charles, and Chicago

Slip and fall accidents can happen in an instant, but the resulting injuries can have a lasting impact. Whether you’re walking through a grocery store, a parking lot, or down a staircase, a sudden fall caused by hazardous conditions can lead to severe injuries, such as broken bones, spinal injuries, head trauma, or worse. Contrary to how these accidents are portrayed in the media, there is nothing humorous about the pain, medical expenses, and long-term disabilities they often cause.

At John J. Malm & Associates, we understand the physical, emotional, and financial toll a slip and fall accident can take on your life. Our team of experienced Naperville premises liability attorneys is committed to holding negligent property owners accountable and fighting for the compensation you deserve. With offices in Naperville and St. Charles, we have successfully represented clients throughout Illinois who have suffered serious injuries from slip and fall accidents in locations such as grocery stores, retail establishments, residential properties, and public spaces.

What to Do After a Slip and Fall Accident

If you’ve experienced a slip and fall accident, taking the right steps afterward can greatly impact the outcome of your case. Here are some key actions to take:

1. Seek Medical Attention Immediately: Even if you think your injuries are minor, it’s essential to see a doctor. Some injuries, like concussions or internal injuries, may not show symptoms immediately but can become serious if left untreated. Having medical documentation is also critical to your injury claim.
2. Report the Accident: Notify the property owner, store manager, or person in charge of the premises as soon as possible. Ensure the incident is documented, and request a copy of the report for your records.
3. Take Photos and Gather Evidence: If possible, take photos of the hazard that caused your fall, such as a wet floor, broken stair, or poorly lit area. Capture the exact location of the accident and any visible injuries you’ve sustained. Gathering this evidence right away can help build your case.
4. Get Contact Information for Witnesses: If anyone saw the accident, collect their contact information. Witnesses can provide valuable testimony to support your claim.
5. Avoid Giving Statements Without Legal Counsel: It’s important to avoid making recorded statements or agreeing to interviews with insurance adjusters or the property owner without speaking to an attorney first. Anything you say could be used to minimize your claim. Let your attorney handle all communications on your behalf.
6. Consult an Experienced Slip and Fall Attorney: An attorney who specializes in premises liability cases will help protect your rights, gather evidence, and build a strong case. At John J. Malm & Associates, we have extensive experience in handling slip and fall cases and will guide you through every step of the legal process.

Real Slip and Fall Cases We’ve Handled

At John J. Malm & Associates, we have a proven track record of securing favorable outcomes for clients injured in slip and fall accidents. Some examples of past cases we have successfully handled include a customer who slipped on a wet floor in a grocery store caused by a leaking cooler, a customer injured by a bunched-up rug in the entrance of a retail store, a guest who fell down a dangerous staircase that lacked proper handrails and lighting in a residential building, and a victim who slipped on an icy sidewalk caused by improper snow and ice removal efforts by a business owner. In addition, we have handled cases involving hazardous conditions like a leaking hose bib on an icy sidewalk, a broken municipal sidewalk, and poorly maintained ladders and merchandise left in aisles in retail settings.

What is Premises Liability in Illinois?

Premises liability law holds property owners responsible for maintaining their premises in a safe condition. If a property owner or manager fails to address hazardous conditions or neglects to warn visitors of potential dangers, they may be liable for any injuries that occur.

Under the Illinois Premises Liability Act (740 ILCS 130/), property owners and occupiers owe a duty of care to keep their premises reasonably safe for individuals lawfully on their property. Specifically, the statute provides:

“The duty owed to invitees by an owner or occupier of land includes the obligation to exercise reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.”

Illinois courts have further defined this duty through case law:

• In Ward v. K Mart Corp., 136 Ill. 2d 132 (1990), the Illinois Supreme Court held that landowners and occupiers have a duty to maintain their premises in a reasonably safe condition for invitees and take reasonable steps to guard against known or discoverable hazards.
• The Genaust v. Illinois Power Co., 62 Ill. 2d 456 (1976) case affirmed that property owners must exercise reasonable care to prevent harm to those lawfully on their premises, with a focus on the foreseeability of injury.
• Deibert v. Bauer Bros. Constr. Co., 141 Ill. 2d 430 (1990) held that landowners are required to protect invitees from dangers that are not open or obvious, especially when the danger is foreseeable and hidden from view.
• Marshall v. Burger King Corp., 222 Ill. 2d 422 (2006) emphasized that business owners have a duty to protect patrons from foreseeable risks, and liability can arise when a failure to act leads to an injury.
• LaFever v. Kemlite Co., 185 Ill. 2d 380 (1998) further highlighted the responsibility of property owners to warn invitees of hazards or remedy dangerous conditions to prevent harm.

These cases, along with the Illinois Premises Liability Act, establish the legal framework for holding property owners accountable when they fail to maintain safe conditions for lawful visitors.

Comparative Negligence in Premises Liability Claims

In Illinois, comparative negligence can play a significant role in premises liability cases. Under Illinois’ modified comparative negligence rule, a plaintiff may still recover damages even if they are partially at fault for the accident, as long as they are not more than 50% responsible for the injury. However, the total amount of compensation the plaintiff is entitled to will be reduced by their percentage of fault. For example, if a court finds that a plaintiff is 20% at fault for a slip and fall accident and the total damages awarded are $100,000, the plaintiff would receive $80,000.

This makes it crucial to work with an experienced Illinois premises liability attorney who can help mitigate any claims that you were partially responsible for your fall. At John J. Malm & Associates, we will thoroughly investigate your case to ensure that liability is properly assigned and that your compensation is maximized.

Understanding Liability in Slip and Fall Cases

Not every slip and fall accident leads to a valid claim. In Illinois, to establish a successful premises liability case, it must be shown that the property owner knew or should have known about the hazardous condition and failed to take reasonable steps to fix it within an appropriate amount of time. For example, a business must regularly inspect its property for dangers and take prompt action to remedy or warn of any unsafe conditions.

Some common hazardous conditions that can lead to a premises liability claim include:

• Slippery floors due to spills or leaks
• Broken or uneven stairs or railings
• Inadequate snow and ice removal efforts that lead to unnatural accumulations
• Falling objects in retail settings
• Poorly lit areas in parking lots, stairwells, and sidewalks

How Long Do I Have to File a Premises Liability Claim in Illinois?

In Illinois, you generally have two years from the date of the injury to file a premises liability lawsuit. This time limit is known as the statute of limitations, and it applies to most personal injury claims. If you fail to file within this period, you may lose your right to pursue compensation for your injuries.

However, if the claim involves a government entity, such as a city-owned sidewalk or public building, shorter deadlines and additional notice requirements may apply. This makes it especially important to consult with an experienced attorney as soon as possible after your accident.

Why You Should Not Delay Speaking with an Attorney

Delaying action after a slip and fall accident can jeopardize your claim. Slip and fall cases can become complicated, especially when it comes to identifying the responsible parties. Evidence, such as surveillance footage or witness testimony, can disappear over time. In most cases, video evidence of a slip and fall accident is overwritten or destroyed after a short period of time. Additionally, hazardous conditions may be repaired or altered, making it more difficult to prove negligence.

An experienced slip and fall attorney can help you investigate the accident, locate and preserve critical evidence, and determine who is responsible. In some cases, multiple parties—such as property owners, maintenance companies, or contractors—may share liability. Acting quickly gives your attorney the best opportunity to build a strong case on your behalf.

Report the Incident, But Avoid Giving a Statement Without Legal Counsel

After a slip and fall accident, it is important to report the incident to the property owner, store manager, or other responsible party as soon as possible. Make sure that the incident is documented. However, you should not give a recorded statement or agree to an interview with an insurance company or property owner’s representative without first consulting an attorney. These statements can be used against you to minimize your claim or shift blame for the accident. Your attorney will help protect your rights and ensure that any statements you make are guided by a thorough understanding of both the law and facts.

“Having knowledgeable legal counsel is critical in slip and fall cases. An experienced attorney understands the importance of establishing actual or constructive notice of a defect and knows what evidence is necessary to prove your case. These legal nuances can make the difference between a successful claim and one that’s denied or undervalued.” – John J. Malm

At John J. Malm & Associates, we will guide you through the legal process, gather evidence, and build a strong case to hold negligent property owners accountable for your injuries.

• Illinois Premises Liability for Balcony Collapses

Contact John J. Malm & Associates

If you or a loved one has been injured in a slip and fall accident, it is important to consult with a knowledgeable attorney as soon as possible. The team of Naperville slip and fall attorneys at John J. Malm & Associates has extensive experience representing individuals and families who have suffered serious injuries due to property owner negligence. We are here to help you recover the compensation you deserve.

Contact us at 630-527-4177 for our Naperville office or 630-524-2323 for our St. Charles office to schedule your free consultation today. We serve clients throughout Illinois and can handle your case from start to finish anywhere in Illinois using online and virtual technology.