Slip and fall accidents happen more often than most people realize—and they can result in serious, sometimes life-altering injuries. According to the National Safety Council, 46,653 people died from falls at home and in the workplace in 2022 alone. If you’ve been hurt in a slip and fall accident in Illinois—whether it happened in a parking lot, on uneven walkways, or inside a retail or commercial property—it’s important to understand your legal rights before deciding whether to file a personal injury claim. Knowing how Illinois premises liability law works can make a big difference when it comes to building a strong fall claim and choosing a law firm with the experience to establish fault.
What is Premises Liability?
Premises liability is a legal principle under personal injury law that holds property owners responsible when someone is injured because of unsafe or hazardous conditions on their premises. This includes property owned or operated by a store, landlord, or other business entity.
In the context of a slip and fall lawsuit, the injured party is claiming that they were hurt due to a dangerous condition—such as a wet floor, broken handrail, poor lighting, or another preventable hazard—and that the property owner failed in their duty of care to keep the property reasonably safe.
Duty of care refers to the legal obligation property owners have to take reasonable steps to prevent harm to visitors and guests. That includes identifying potential hazards, fixing them in a timely manner, or providing adequate warning (such as signage) when immediate repairs aren’t possible. If the owner knew—or should have known—about a dangerous condition and did nothing to address it, they may be held legally responsible for any resulting injuries.
What Kind of Injuries Typically Result from a Slip and Fall Accident?
Slip and fall accidents can lead to a wide range of injuries—some of which may result in long-term medical treatment, lost income, or ongoing pain and suffering. That’s why accident victims should always consider seeking medical attention and legal advice promptly after a fall. Below are some of the most common injuries associated with these accidents:
- Broken bones: Falls frequently cause hip, wrist, and ankle fractures. Older adults are especially vulnerable to broken bones and often require longer recovery times, adding to the burden of medical bills and rehabilitation.
- Soft tissue injuries: These internal injuries can go unnoticed at first. From sprains to torn ligaments, untreated soft tissue injuries may lead to chronic pain and limited mobility. Seeking timely medical care is critical—not only for your recovery but also to support your accident case should you consult a fall lawyer.
- Traumatic brain injuries (TBIs): Hitting your head in a fall can cause anything from a mild concussion to a life-altering skull fracture. Serious TBIs can impact brain function, require long-term care, and become a major factor in calculating damages related to pain and suffering.
- Hip fractures: According to the CDC, over 95% of hip fractures are caused by falls. These often lead to surgery, extended hospital stays, and sometimes permanent changes in mobility—especially for elderly individuals. The resulting medical expenses can be significant.
- Sprained ankles and wrists: Ligament damage may not seem severe at first, but healing is slow and the impact on daily tasks—such as walking, writing, or using a computer—can be substantial. Accident victims often underestimate how much lost function can affect their life and income.
- Cuts and abrasions: While usually minor, these injuries still require proper care. Wounds to the head or hips may also accompany deeper trauma beneath the skin, so they shouldn’t be ignored.
- Back and spinal cord injuries: These injuries range from slipped discs to fractured vertebrae. In severe cases, a spinal cord injury can lead to partial or total paralysis. These are among the most costly injuries when it comes to long-term medical expenses and loss of income.
- Shoulder and neck injuries: Landing on your shoulder or straining your neck during a fall can cause dislocations, nerve damage, or spinal issues. These injuries often limit movement and may require extensive physical therapy.
- Knee injuries: A sudden twist during a fall can tear ligaments or damage cartilage in the knee. Some injuries may require immediate surgery, while others could necessitate future knee reconstruction—adding further strain to your recovery and financial stability.
What Do I Need to Prove in a Premises Liability Case Based on a Slip and Fall Accident?
To file a successful premises liability claim after a slip and fall accident in Illinois, the injured party must establish several key elements. These requirements are grounded in the Illinois Premises Liability Act, which outlines the duty of care owed by property owners to individuals lawfully on their premises.
Here’s what needs to be shown:
- A dangerous condition existed on the property.
To start, you must demonstrate that a hazardous or defective condition was present on the premises when the accident occurred. This could include wet floors, missing handrails, poor lighting, uneven walkways, or other unsafe conditions. The best time to gather evidence is immediately after the incident—take photos or videos of the scene, if possible, to help document the exact conditions at the time of your fall. - The property owner knew—or should have known—about the hazard.
Under Illinois law, you must show that the property owner either had actual knowledge of the unsafe condition or that a reasonable person in the same situation would have discovered it. For instance, if a store employee reported a large spill and no action was taken, this could prove the owner had notice. Surveillance footage, incident reports, or witness statements can help support this element. - The property owner failed to take reasonable steps to fix the problem or provide proper warning.
Even if a property owner didn’t directly cause the hazardous condition, they can still be liable if they failed to act once they became aware of it. The law requires that property owners exercise reasonable care to correct unsafe conditions or clearly warn visitors about potential hazards. Examples include neglecting to place warning signs, fix broken handrails, or clean up spills within a reasonable amount of time. The law requires that owners take reasonable steps to maintain safe conditions and minimize foreseeable harm. It’s also worth noting that while the law extends protections to lawful visitors, property owners generally owe limited duties to trespassers, unless specific exceptions apply under the Illinois Premises Liability Act. - The hazard caused your injuries.
Finally, you must show that the owner’s failure to maintain the premises or warn visitors directly led to your slip and fall injury. This includes proving that your injuries were caused by the defective condition, not by some unrelated event or your own negligence. If a property owner breached their duty of care and that negligence resulted in injury, they can be held responsible for damages under Illinois law.
What Do I Need to Know About Illinois’ Slip and Fall Laws?
If you’re thinking about pursuing a slip and fall accident case in Illinois, there are several important legal rules you need to understand before moving forward.
The statute of limitations is two years.
Illinois law sets a strict statute of limitations for personal injury claims, including those stemming from slip and fall accidents. You must file your claim within two years of the date of the incident. This rule applies not only to physical injuries but also to any property damage caused in the fall—for example, if you slipped in a grocery store and broke your laptop or smartphone during the fall. Failing to file within the two-year window typically means losing your right to pursue compensation.
If you are more than 50% at fault, you cannot recover compensation.
Illinois follows a modified comparative negligence rule. That means if you’re found to be at least 50% responsible for your own injuries, you will not be eligible to recover damages. For instance, if you ignored visible warning signs—such as a “wet floor” placard in a store—and the court determines that your inattention was the primary cause of your injury, your claim could be denied.
Partial fault can still reduce your compensation.
Even if you don’t take your case to trial and instead pursue compensation through an insurance claim, the modified comparative negligence rule still applies. Insurance companies will assess the extent to which you contributed to the accident before offering a settlement. If there’s evidence you weren’t paying attention or otherwise acted negligently, your compensation may be reduced accordingly.
Because of these nuances, it’s always wise to seek legal advice early. A fall lawyer can help you understand your legal options, preserve evidence, and navigate any disputes over fault—ensuring your rights are protected throughout the claims process.
Were You Recently Injured While on Someone Else’s Property? Contact an Illinois Slip and Fall Attorney
If you or a loved one was recently injured in a slip and fall accident on someone else’s property, it’s important to understand your rights and legal options. At Palermo Law Group, our experienced attorneys have handled countless fall cases in Illinois, including throughout Chicago and beyond, and can guide you through each step of the process.
Whether you’re dealing with mounting medical bills, lost wages, or uncertainty about what to do next, our team is here to help you build a strong personal injury case and pursue the compensation you deserve.
For a free consultation contact our law firm by calling (630) 684-2332 or visit our website at https://www.palermolawgroup.com/.
