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When Does a Property Owner's Negligence Cause Slip and Falls?

Stiberth, Scarlati & Boudreau, LLC Jan. 27, 2025

At Stiberth, Scarlati & Boudreau, LLC, we understand that a slip-and-fall accident can disrupt lives in unimaginable ways. Located in Chicago, Illinois, our firm has worked tirelessly for over ten decades of combined experience to advocate for individuals against insurance companies and negligent property owners. 

Slip-and-fall cases often arise from dangerous conditions that property owners failed to address or warn others about. When this negligence leads to injuries, victims may face significant physical, emotional, and financial challenges. 

As dedicated premise liability attorneys in Chicago, Illinois, we listen to your story, craft strategies to meet your goals, and fight to secure the compensation you deserve. Our commitment extends beyond our clients. 

We work closely with businesses, doctors, and other involved parties to understand your unique circumstances. By doing so, we create tailored solutions that support your recovery and hold negligent property owners accountable. 

Slip-and-fall accidents are preventable, and property owners have a legal obligation to maintain safe premises. When they fail in this duty, we step in to advocate on your behalf.

Understanding Slip-and-Fall Accidents

Slip-and-fall accidents are among the most common types of premises liability cases. These incidents can occur in various locations, including stores, parking lots, apartment complexes, and private residences. To determine if a property owner’s negligence caused your slip-and-fall, it’s essential to understand the legal principles surrounding these cases.

What Constitutes Negligence?

Negligence occurs when a property owner fails to exercise reasonable care in maintaining their premises. This failure can create hazardous conditions that put visitors at risk of injury. Key elements of negligence include:

  • Duty of care: Property owners owe a duty to maintain safe conditions for visitors; any hazards should be addressed promptly to minimize risks. This responsibility includes regular inspections and timely maintenance to uphold safety standards.

  • Breach of duty: Failing to address or warn about known hazards constitutes a breach, especially when the property owner had sufficient time to remedy the issue but neglected to do so. Examples include ignoring repeated complaints about unsafe conditions.

  • Causation: The hazardous condition must directly cause the injury, demonstrating a clear link between the property owner’s negligence and the victim’s fall. For example, a wet floor without warning signs leads to a slip.

  • Damages: The victim must suffer actual harm, such as medical bills or lost wages, to pursue a claim. This includes both physical injuries and financial hardships resulting from the accident.

Common Causes of Slip-and-Fall Accidents

  • Wet or slippery floors: Spills, leaks, or recently mopped surfaces without warning signs can lead to falls. Property owners must place adequate signage or barriers to alert visitors of potential hazards.

  • Uneven surfaces: Cracked sidewalks, potholes, or loose carpeting pose tripping hazards, especially in high-traffic areas where visitors may not notice these dangers. Prompt repairs can prevent these issues.

  • Poor lighting: Dimly lit areas can make it difficult to see obstacles or hazards, increasing the likelihood of falls. Proper lighting installation and maintenance are essential for safety.

  • Cluttered walkways: Items left in walkways can cause trips and falls, particularly in crowded environments like stores or office spaces. Regular cleaning and organization help eliminate these risks.

  • Weather-related hazards: Snow, ice, or rain that property owners fail to clear can create dangerous conditions, especially at entrances or in parking lots. Proactive measures, like salting or using mats, are critical.

Once you understand the causes of these slip-and-fall accidents, you’ll need to move forward in proving liability.

Proving Liability in Slip-and-Fall Cases

Holding a property owner accountable for a slip-and-fall accident requires demonstrating that their negligence directly caused the incident. This process involves gathering evidence and addressing specific legal standards.

Steps to Establish Liability

  1. Document the scene: Take photographs of the hazardous condition and the surrounding area to provide clear evidence of negligence. Include timestamps and detailed descriptions to strengthen your case.

  2. Obtain witness statements: Witnesses can confirm the existence of a hazard and the circumstances of the accident, offering unbiased accounts that validate your claims.

  3. Preserve medical records: Medical documentation is critical in connecting your injuries to the slip-and-fall incident, highlighting the severity and impact of the harm you’ve suffered.

  4. Prove knowledge of the hazard: Show that the property owner knew or should have known about the dangerous condition through maintenance logs, complaints, or visual evidence.

Although it is certainly possible to establish liability, you may face some challenges in proving negligence.

Challenges in Proving Negligence

  • Lack of evidence: Without proper documentation, it may be challenging to demonstrate liability, making it crucial to act quickly after an incident to preserve proof.

  • Comparative negligence: Property owners may argue that the victim’s actions contributed to the accident, such as wearing inappropriate footwear or not paying attention.

  • Unforeseeable hazards: Property owners may claim that the hazard was not present long enough for them to address it, emphasizing the importance of proving prior knowledge.

There are a plethora of injuries that can be caused by slip-and-fall accidents. If you’ve experienced an accident, be on the lookout for these potential injuries.

Common Injuries in Slip-and-Fall Accidents

Slip-and-fall accidents can result in a wide range of injuries, some of which have long-lasting consequences. Understanding the types of injuries commonly associated with these incidents underscores the importance of holding negligent property owners accountable.

Frequent Injuries From Slip-and-Fall Accidents

  • Fractures and broken bones: Wrists, ankles, and hips are particularly vulnerable in falls, often requiring extensive medical intervention such as surgeries or physical therapy to recover.

  • Head injuries: Concussions or traumatic brain injuries can occur if the victim strikes their head, potentially leading to cognitive impairments or long-term neurological issues.

  • Spinal cord injuries: Falls can lead to herniated discs or paralysis in severe cases, drastically affecting mobility and overall quality of life.

  • Soft tissue injuries: Sprains, strains, and bruises are common but can still be debilitating, often requiring weeks of rest and rehabilitation to heal.

  • Lacerations: Deep cuts may require stitches and leave lasting scars, impacting both physical appearance and self-confidence.

These injuries may have long-term effects, which can impede your daily life.

Long-Term Effects of Injuries

  • Chronic pain: Lingering pain can interfere with daily life and work responsibilities, necessitating ongoing medical care and pain management.

  • Reduced mobility: Injuries may limit physical activity or require assistive devices, such as crutches or wheelchairs, to regain independence.

  • Emotional distress: Anxiety, depression, or PTSD may develop after a traumatic fall, affecting mental health and social interactions.

When dealing with a legal case, understanding the legal responsibilities of the property owner at fault can be helpful. 

Legal Responsibilities of Property Owners

Property owners are legally obligated to maintain safe premises for visitors. This duty varies depending on the type of visitor and the nature of the property. Understanding these responsibilities is crucial in determining whether negligence played a role in your accident.

Types of Visitors

  • Invitees: Individuals invited onto the property for business purposes, such as customers or clients. Property owners owe the highest duty of care to invitees; they need to keep the premises free of hazards.

  • Licensees: Social guests or others present with the property owner’s permission. Property owners must address known hazards and take reasonable steps to prevent harm.

  • Trespassers: Individuals who enter without permission are owed a limited duty of care, typically to avoid willful harm, such as leaving dangerous traps.

Maintenance Obligations

  • Routine inspections: Property owners should regularly inspect their premises for hazards, identifying and addressing potential risks before they cause harm.

  • Timely repairs: Addressing known dangers promptly prevents accidents, making sure visitors can navigate the property safely.

  • Clear warnings: Posting signs or barriers can alert visitors to potential risks, such as wet floors or construction zones, reducing the likelihood of injuries.

No matter where you live, the weather can play a role in your case. Learn more from premise liability attorneys in Chicago, Illinois. 

The Role of Weather in Slip-and-Fall Cases

Weather conditions can significantly contribute to slip-and-fall accidents, particularly in areas prone to snow, ice, or heavy rainfall. While property owners cannot control the weather, they are responsible for taking reasonable steps to mitigate its impact on their premises.

Common Weather-Related Hazards

  • Icy sidewalks: Failure to salt or sand icy walkways creates a significant risk, especially in high-traffic areas where pedestrians are vulnerable.

  • Snow accumulation: Allowing snow to pile up on walkways or parking lots increases the likelihood of falls, making timely removal essential.

  • Rainwater pooling: Poor drainage systems can lead to slippery surfaces inside and outside buildings, requiring regular maintenance to prevent accidents.

Property Owner Responsibilities During Adverse Weather

  • Prompt snow and ice removal: Clearing walkways and applying salt or sand reduces risks to provide safer access for visitors.

  • Maintaining drainage systems: Preventing water accumulation minimizes slippery conditions, protecting both outdoor and indoor areas from hazards.

  • Providing mats or warnings indoors: Placing mats near entrances and posting wet floor signs helps prevent indoor falls caused by wet footwear or tracked-in moisture.

If you’ve recently experienced a slip-and-fall accident, timely medical attention is very important.

The Importance of Timely Medical Attention After a Slip-and-Fall Accident

Why Seeking Immediate Medical Care is Essential

  • Early diagnosis of injuries: Some injuries, such as concussions or internal bleeding, may not show symptoms immediately. Prompt medical evaluation can identify and treat these conditions before they worsen.

  • Preventing complications: Timely care can mitigate the risk of long-term health issues, such as chronic pain or mobility limitations, by addressing injuries before they escalate.

  • Establishing a medical record: Documenting your injuries soon after the accident creates a clear link between the slip-and-fall and your medical condition, which is crucial for legal claims.

Common Barriers to Seeking Medical Attention

  • Underestimating injuries: Victims may dismiss their pain or symptoms as minor, delaying necessary treatment and potentially worsening their condition.

  • Cost concerns: Fear of medical expenses may discourage individuals from seeking care, underscoring the importance of pursuing compensation for injury-related costs.

  • Lack of transportation: Injured individuals may face challenges in reaching medical facilities, highlighting the need for support from family, friends, or community resources.

With all of these factors playing a role in your case, you may have additional questions for your premise liability attorneys in Chicago, Illinois.

Frequently Asked Questions About Slip-and-Fall Cases

How long do I have to file a claim for a slip-and-fall accident?

In Illinois, the statute of limitations for filing a premises liability claim is typically two years from the date of the accident. It’s essential to consult premise liability attorneys in Chicago, Illinois, as soon as possible to preserve your rights.

What should I do immediately after a slip-and-fall accident?

Seek medical attention, report the incident to the property owner or manager, document the scene, and gather contact information for witnesses. These steps are crucial in building your case.

Can I recover compensation if I was partially at fault?

Illinois follows a comparative negligence rule, meaning you can still recover compensation if you are less than 50% at fault, according to the State of Illinois. However, your damages will be reduced by your percentage of fault.

What damages can I recover in a slip-and-fall case?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other related costs. Experienced premise liability attorneys in Chicago, Illinois, can help calculate the full extent of your damages.

How can I prove the property owner knew about the hazard?

Evidence such as inspection records, employee testimony, or video surveillance can demonstrate that the property owner knew or should have known about the dangerous condition.

Do I need an attorney to handle my slip-and-fall case?

While not legally required, having an experienced premise liability attorney in Chicago, Illinois, can significantly improve your chances of success. An attorney can gather evidence, negotiate with insurance companies, and represent you in court if necessary.

What if my slip-and-fall accident occurred on government property?

Claims against government entities often have stricter filing deadlines and procedures. In Illinois, you may need to provide written notice within a specific time frame. An attorney can guide you through this process to confirm compliance.

Can I file a claim if I fell at a friend’s house?

Yes, you may file a claim if negligence contributed to your injury. Homeowner’s insurance typically covers liability claims, meaning compensation could be available without directly impacting your friend financially.

Call Us Today

If you or a loved one has been injured in a slip-and-fall accident, the attorneys at Stiberth, Scarlati & Boudreau, LLC, are here to help. We serve clients in Chicago, Illinois, as well as Cook County and Lake County. Contact us today to schedule a consultation with our premise liability attorneys in Chicago, Illinois.