Slip and Fall FAQs

Top-Rated Illinois Slip and Fall Attorneys Answer Frequently Asked Questions About Premises Liability Cases

Slip and fall accidents can happen in an instant but leave you dealing with painful injuries and mounting medical bills. Whether it’s a slippery floor, uneven pavement, or a hidden hazard, property owners in Illinois have a duty to maintain their premises in a reasonably safe condition. If they fail to do so and someone is injured as a result, the property owner may be held liable for damages. But how do you know if you have a valid slip and fall case?

At John J. Malm & Associates, our Illinois accident attorneys are experienced in handling slip and fall cases throughout Illinois. Below, we answer some of the most frequently asked questions about slip and fall claims to help you better understand your legal rights and options.

1. What Should I Do After a Slip and Fall Accident?

If you’ve been injured in a slip and fall accident, the steps you take immediately after the incident are crucial to protecting your legal rights:

• Seek Medical Attention: Your health and safety should always be the top priority. Even if your injuries seem minor, it’s important to get checked by a medical professional. Some injuries, like concussions or internal injuries, may not be immediately apparent.
• Report the Accident: Notify the property owner or manager of the location where the accident occurred. If you’re in a store or business, request that they document the incident in writing. If the fall occurred on public property, report it to the appropriate authority.
• Document the Scene: If possible, take photographs of the hazard that caused your fall, the surrounding area, and any visible injuries you have. Gather contact information for any witnesses who saw the incident.
• Save Evidence: Keep the clothes and shoes you were wearing at the time of the fall, as they could be important pieces of evidence in your case.
• Contact an Illinois Slip and Fall Attorney: Slip and fall cases can be legally complex. The sooner you consult with an experienced premises liability attorney, the better your chances of preserving crucial evidence and building a strong case.

2. What Must Be Proven in a Slip and Fall Case?

In Illinois, to hold a property owner liable for your slip and fall injuries, you must prove that:

• A dangerous condition existed on the property, such as a wet floor, uneven surface, or debris.
• The property owner knew or should have known about the dangerous condition. This is referred to as notice and can be either actual notice (where the owner or employees were directly aware of the hazard) or constructive notice (where the hazard existed long enough that the owner should have reasonably discovered and fixed it).
• The property owner failed to take reasonable steps to fix the hazard or warn visitors about it. For example, failing to clean up a spill, place a warning sign, or repair broken flooring.
• The dangerous condition directly caused your injuries.

3. What is Considered a Dangerous Condition?

A dangerous condition is any hazardous situation on a property that poses an unreasonable risk of harm to visitors. Common examples of dangerous conditions in slip and fall cases include:

• Wet or slippery floors without proper signage
• Uneven or broken sidewalks
• Torn carpeting
• Poor lighting that obscures hazards
• Ice or snow that hasn’t been cleared from walkways
• Loose or missing handrails on stairs
• Debris or obstacles left in walkways

It’s important to remember that not every hazard will result in liability. The property owner must have had notice of the condition and failed to take reasonable action to fix it.

4. Who Can Be Held Liable for a Slip and Fall Accident?

Liability for a slip and fall accident depends on where the incident occurred and who is responsible for maintaining the property. Potentially liable parties may include:

• Commercial Property Owners: Owners of businesses, stores, or other commercial properties have a duty to keep their premises safe for customers. If the slip and fall occurs at a store or business, the owner or the business operator may be liable.
• Residential Property Owners: Homeowners may be held liable if a visitor is injured due to a dangerous condition on their property, though Illinois law provides immunity to homeowners for injuries caused by natural accumulations of snow and ice.
• Landlords: In some cases, landlords can be held liable for dangerous conditions in common areas of rental properties, such as lobbies, stairwells, and parking lots.
• Municipalities: If your slip and fall occurred on public property, such as a sidewalk or government building, the city or municipality responsible for maintaining that property could be liable. However, these cases may have additional legal hurdles, such as shorter time limits for filing claims against governmental entities.

5. What is the Open and Obvious Doctrine, and How Can it Affect My Case?

In Illinois, under the Premises Liability Act, property owners are not typically held liable for injuries caused by open and obvious hazards. The open and obvious doctrine holds that if a dangerous condition is clearly visible or should have been obvious to a reasonable person, the property owner may not be responsible for injuries resulting from that condition.

For example, if you slip and fall on an icy walkway that is clearly visible, the property owner may argue that the hazard was open and obvious, and that you should have taken care to avoid it.

However, there are exceptions to the open and obvious doctrine. If the property owner had reason to expect that people would be distracted or not notice the hazard, they could still be held liable.

6. How is Negligence Proven in a Slip and Fall Case?

Proving negligence in a slip and fall case requires showing that the property owner failed to exercise reasonable care. This could include failing to:

• Conduct regular inspections of the property for hazards.
• Clean up spills or debris in a timely manner.
• Repair broken flooring, loose railings, or other hazards.
• Place warning signs or barriers around known hazards.
• Clear snow or ice from walkways.

Negligence can be proven through witness testimony, surveillance footage, inspection records, and expert analysis.

7. What is Comparative Negligence, and Can it Affect My Fall Down Case?

Comparative negligence is a legal concept that may reduce the amount of compensation you can receive in a slip and fall case if you are found partially at fault for the accident. In Illinois, modified comparative negligence is applied, meaning that:

• If you are found to be 50% or more at fault for the accident, you cannot recover compensation.
• If you are found to be less than 50% at fault, your compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found 20% at fault, your compensation will be reduced to $80,000.

A skilled Illinois injury attorney will work to minimize any finding of fault on your part.

8. How Long Do I Have to File a Slip and Fall Claim in Illinois?

In Illinois, the statute of limitations for filing a slip and fall lawsuit is typically 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 pursue compensation.

However, there are exceptions to this rule. For example, if your slip and fall occurred on government property, the deadline may be shorter, and specific notice requirements may apply. It’s important to consult with an Illinois slip and fall attorney as soon as possible after your accident to ensure you don’t miss any critical deadlines.

9. What Kind of Compensation Can I Recover in a Slip and Fall Case?

If you are successful in your slip and fall case, you may be entitled to various types of compensation, including:

• Medical Expenses: This includes all medical bills related to your injury, such as hospital stays, surgeries, rehabilitation, and ongoing treatments.
• Lost Wages: If your injury caused you to miss work, you could recover compensation for your lost income. This includes any future lost earning capacity if your injury affects your ability to work long-term.
• Pain and Suffering: Compensation for the physical pain and emotional distress caused by your injury.
• Disability and Disfigurement: If your injury resulted in permanent disability or disfigurement, you may be entitled to additional compensation.
• Loss of Normal Life: Compensation for any diminished quality of life caused by the injury.

10. Do I Need a Lawyer for My Slip and Fall Case?

Slip and fall cases are legally complex, and proving negligence can be difficult. An experienced premises liability attorney can help you navigate the legal process, gather the evidence needed to prove your case, and negotiate with insurance companies to maximize your compensation.

“Slip and fall cases are more complicated than they seem. While property owners have a responsibility to maintain safe premises, not every fall results in liability. Our job is to investigate the facts, gather evidence, and prove negligence when it exists to help our clients recover the compensation they deserve.” — John J. Malm, Illinois personal injury attorney

At John J. Malm & Associates, we have a proven track record of success in slip and fall cases throughout Illinois. Our team of dedicated Illinois trip and fall attorneys will investigate the circumstances of your accident, handle all communications with the property owner and insurance companies, and work tirelessly to secure the compensation you deserve.

Contact John J. Malm & Associates for a Free Consultation

If you’ve been injured in a slip and fall accident in Illinois, contact John J. Malm & Associates for a free consultation. With offices in Naperville and St. Charles, our top-rated Illinois premises liability lawyers are here to help you understand your legal options and fight for the compensation you deserve. Contact us today, and let us protect your rights.