Slip and Fall
Serving Cook and DuPage Counties

Slip and Fall Accident Liability

If you were injured due to slipping or tripping on someone else’s property, the owner of the property may be held legally responsible. Slip and Fall cases are considered under premises liability claims. Wet floors, inadequate lighting, narrow stairs, or uneven floors can cause someone to slip, fall, and be injured. Falls outdoors due to rain, ice, snow, or even a pothole can be accountable for someone getting injured.

In order to collect, the injured party must have sustained some type of injury and prove they were not careless. They also need to prove the cause of the accident was a “dangerous condition” and the owner of the property knew of the dangerous condition. 

No matter what type of property (commercial, residential, government), establishing that the owner of the property knew of the dangerous condition, it must be proven that the property owner/possessor: 

  • created the condition;
  • knew the condition existed and negligently failed to correct it; or
  • should have discovered and corrected the condition that existed for a length of time prior to the slip and fall incident

If you have a valid claim of negligence for a slip and fall injury you can seek compensation for medical bills, lost wages, and pain and suffering. 

Illinois Slip and Fall Law

In Illinois, fault determines which party pays for any damages resulting from an accident. In some cases, the party is totally at fault while the other party has no blame but, there are other situations where the fault is not so easy to determine. For these types of situations, comparative fault determines how the responsibility for the accident/injury will be divided and how an injured Plaintiff’s compensation will be impacted if deemed as contributing to the accident. 

Illinois, unlike other states who bar those injured from receiving any compensation if found partially at fault, uses a modified comparative negligence system. Modified comparative negligence holds that those injured can obtain damages from a Defendant provided that the Plaintiff’s fault (injured party) was no greater than 50%. In addition, Illinois’ modified comparative negligence laws will also reduces the injured party’s compensation in proportion to his or her degree of fault.

Slip and Fall Comparative Fault Examples

If you were injured in a slip and fall accident, make sure you understand if you’ll be found to have comparative negligence and if so, to what degree: 

  • Were you legally approved to be on the property where you incurred injury based on a slip and fall accident? 
  • Did the owner know that you were going to be on the property at the time you had a slip and fall accident? 
  • Could you have avoided the dangerous condition or handled the situation in a way that would have lowered your chances of slipping and falling?
  • Did you engage in an activity that could have contributed to your slip and fall (i.e.texting while walking)?

Contact an Illinois Slip and Fall Accident Attorney Today

If you or a loved one has been injured due to a slip and fall on someone else’s property, our experienced attorneys can help you receive compensation for the damages you have suffered. There is no fee unless we obtain compensation for you.

Contact us today for a free and confidential case assessment by calling ‌866-699-3339 ‌or‌ ‌complete‌ ‌the‌‌ ‌case‌ ‌request‌ ‌form‌.‌

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