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Gurnee Retail Slip & Fall Lawyers

Shopping is woven into the rhythm of daily life in Gurnee, whether you’re making a Target run, spending an afternoon at Gurnee Mills or picking up groceries on Grand Avenue. Nobody goes into a store expecting to get hurt, yet slip and fall accidents are more common in retail settings than most people realize. The injuries can be serious and lead to expensive medical bills.

Shoppers may slip on an unmarked wet floor, trip over an uneven entrance mat or fall due to store equipment left in aisles. These are all conditions that a property owner could have prevented with reasonable care. If you were hurt in a fall at a Gurnee store or shopping center, Briskman Briskman & Greenberg is ready to help you understand your rights under Illinois law and determine whether you have a claim.

What Causes Slip and Fall Accidents in Retail Settings?

Every year, millions of people from across Lake County and the Chicago area walk through the doors of Gurnee Mills, one of the largest outlet and value retail destinations in Illinois. They come to browse Macy’s, pick up gear at Dick’s Sporting Goods or grab a bite at the Rainforest Café. What most of them don’t expect is to end up on the floor, hurt and wondering what comes next.

Stores along Grand Avenue or at Gurnee Town Center see thousands of visitors daily. High foot traffic, frequent spills, product displays on the floor and loading areas with uneven surfaces all create dangerous conditions where accidents can occur. Staff may be unprepared to promptly deal with any hazards that develop.

What Does Illinois Law Say About Slip and Fall Claims?

The Illinois Premises Liability Act (740 ILCS 130/) abolished the common law distinction between invitees and licensees, establishing a duty of reasonable care for property owners toward customers and other visitors to retail stores and shopping centers, regarding the condition of their premises. To hold a property owner responsible, an injured person generally must show four things:

  • The property owner owed them a duty of care.
  • The owner breached that duty by failing to warn them of a known hazard or allowing a dangerous condition to exist.
  • That failure was the direct cause of the accident and the injuries that followed.
  • The injured person suffered real harm, such as medical costs or lost income.

One of the trickier elements in slip and fall cases is the concept of “notice.” A store isn’t automatically liable the moment something spills on the floor. If a hazard existed long enough that a reasonable inspection process would have caught it, or if an employee actually saw the hazard and failed to act, liability becomes much more plausible. This is why surveillance footage, incident reports and witness statements can be so valuable early in a case.

Disclaimer: The information on this page is intended for general educational purposes and does not constitute legal advice. Every case is different. Contact a qualified attorney to discuss the specific facts of your situation.

What is Modified Comparative Negligence in Illinois?

The Illinois modified comparative negligence system (735 ILCS 5/2-1116) says that if you are found partially responsible for your own fall, your compensation will be reduced by your percentage of fault. For example, you may have slipped on a puddle of spilled juice in a supermarket while looking at your phone. As long as you are not more than 50 percent at fault, you can still recover some compensation. An experienced Gurnee slip and fall attorney can help limit the portion of blame attributed to you and protect the value of your claim.

Common Retail Hazards

  • Wet floors from spills, cleaning or tracked-in rain and snow, without adequate warning signs posted.
  • Freshly waxed or buffed surfaces that are slippery but visually indistinguishable from dry floors.
  • Merchandise, display items or pallet wrapping left in aisles or near entrances.
  • Uneven flooring, broken tiles or buckled entrance mats.
  • Inadequate lighting in storage corridors, stairwells or back areas of large retail stores.
  • Icy or snow-covered sidewalks, parking lots and entryways during Illinois winters.
  • Cords, hoses or equipment left in walkways during restocking or maintenance.

Illinois winters add another layer of risk. Snow and ice are a fact of life in Lake County, but that does not automatically let a property owner off the hook. If a drainage problem, a broken gutter or a poorly designed entryway causes ice to build up in a spot where shoppers are walking, the store can still be held responsible for the resulting injuries.

What Kinds of Injuries Do People Suffer in Retail Slip and Falls?

Injuries associated with slip and fall accidents range from mild to life-altering. The CDC reports that falls send about 3 million older adults to emergency rooms each year. Additionally, one out of 10 falls results in an injury that requires the older adult to seek medical attention or limit their daily activities. In Illinois, 21,912 older adults were hospitalized with a fall in 2022.

Fractures are common, particularly of the wrist, hip and ankle, as people instinctively reach out to break their fall. Falls can also result in head trauma and knee, shoulder and back injuries. Falls account for approximately 33 percent of traumatic spinal cord injuries.

Older adults face an elevated risk, but people of all ages can be seriously hurt. The severity of injuries often depends on the type of surface, the direction of the fall and what the person strikes on the way down.

What Should You Do After a Slip and Fall at a Retail Store in Gurnee?

What you do in the hours and days after a fall can meaningfully affect the strength of your claim. Here is a practical outline of steps to take:

  • Seek medical care right away. Some injuries, including concussions and internal soft tissue damage, are not immediately obvious. A medical record created the same day as the accident is also powerful documentation of the connection between the fall and your injuries.
  • Report the accident to store management before leaving. Ask them to create a written incident report and request a copy for your records. Note the name and title of anyone you speak with.
  • Document the scene. If you are physically able, photograph your injuries, the hazard that caused you to fall, the surrounding conditions and any lack of warning signs.
  • Gather witness information. If other shoppers or passersby saw what happened, collect their names and contact details. A neutral third-party witness can be a meaningful asset.
  • Avoid giving a recorded statement to the store’s insurance company. Insurers often contact accident victims quickly in hopes of obtaining statements that may be used to minimize the claim. Speak with an attorney before engaging with any insurer.
  • Keep a record of your symptoms. Write down what you’re feeling in the days following the fall, including pain levels, limitations on mobility, missed work and any medical appointments attended.
  • Contact a Gurnee slip and fall lawyer. The attorney can advise you on your next steps and the possibility of recovering compensation.

What About Workers Who Slip and Fall While on the Job at a Retail Store?

Retail employees in Gurnee are often exposed to unsafe conditions. Stockroom floors, loading docks and cleaning areas present ongoing hazards for workers. According to the Bureau of Labor Statistics, workers in the trade, transportation and utilities sector — which includes retail — suffered 104 fatal falls, slips and trips on the job in 2024, the second highest total of any private industry nationally. Across all private industry, same-level slips, trips and falls, the kind most likely to happen on a retail floor, occurred at a rate of 14.7 cases per 10,000 full-time workers that same year.

Workers injured on the job may be eligible for Illinois workers’ compensation benefits, which cover medical treatment and a portion of lost wages regardless of fault. If a third party, such as a property owner separate from the employer, contributed to the hazardous condition, there may also be a separate personal injury claim worth exploring alongside a workers’ comp filing. A Gurnee slip and fall lawyer can examine the details of your situation and determine the best course of action.

Compensation in a Gurnee Slip and Fall Claim

The specific value of a claim depends on the severity of the injuries, the clarity of the property owner’s liability and the strength of available evidence. Damages available in a successful Illinois premises liability claim generally include:

  • Medical expenses, including emergency care, imaging, surgery, physical therapy and anticipated future treatment costs
  • Lost wages for time missed from work during recovery
  • Loss of earning capacity, if the injuries affect your ability to work going forward
  • Pain and suffering, which accounts for physical discomfort and the disruption to your daily life
  • Loss of enjoyment of life, covering hobbies, activities and daily pursuits you can no longer participate in because of your injuries
  • Permanent disability or disfigurement, where applicable

Contact Briskman Briskman & Greenberg

If you were injured in a slip and fall accident at a retail store in Gurnee or anywhere in the Chicago area, Briskman Briskman & Greenberg is ready to listen. Our personal injury attorneys understand the tactics insurance companies use to minimize claims, and we work hard to ensure injured clients are not unfairly left bearing the costs. Reach out today for a free consultation about your options.

Frequently Asked Questions

What happens if the store says they didn’t know about the hazard?

The “we didn’t know” defense comes up frequently in slip and fall cases, but it doesn’t always hold up. Under the Illinois Premises Liability Act (740 ILCS 130/), property owners can be held responsible not only for hazards they actually knew about, but also for conditions they should have discovered through reasonable inspection. If a spill sat unaddressed for an extended period, or if the store’s maintenance logs show a history of similar problems, the “no notice” argument can be challenged.

How much time do I have to file a slip and fall lawsuit in Illinois?

The filing deadline for slip and fall injury claims in Illinois is two years from the accident date. There are some narrow exceptions, including situations involving minors or cases where the extent of an injury was not immediately apparent.

Two years might sound like plenty of time, but waiting too long to consult a Gurnee slip and fall lawyer can put your claim at risk. The earlier you reach out, the more time your legal team has to gather evidence while it is still available and build a strong case.

Can I still recover compensation if I was partly at fault for the fall?

Yes, in many cases. Illinois follows a modified comparative negligence system under 735 ILCS 5/2-1116. As long as you are found to be 50 percent or less responsible for the accident, you can still recover compensation. However, the amount will be reduced by your percentage of fault. An attorney can help push back against attempts by the other side to exaggerate your share of responsibility.

What evidence is most important to preserve after a slip and fall?

Photos are often the most valuable piece of evidence, particularly those taken at the scene before the hazard is cleaned up or fixed. If you can, photograph the condition that caused your fall, the surrounding area, any missing or misplaced warning signs and your injuries. 

It’s also important to get a copy of the incident report filed with the store, along with any contact information from witnesses who saw what happened. Medical records created close in time to the accident help establish the connection between the fall and your injuries. Surveillance footage can also be crucial, but stores are not obligated to preserve it indefinitely, which is one reason to contact an attorney quickly. A lawyer can send a formal request before that footage is overwritten.

Disclaimer: The information on this page is intended for general educational purposes and does not constitute legal advice. Every case is different. Contact a qualified attorney to discuss the specific facts of your situation.

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Chicago lawyer, Paul A. Greenberg is a top-rated by Super Lawyers
Personal Injury Super Lawyers Rising Star
Top-rated lawyers at Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers are members of the Illinois State Bar Association
Top-rated lawyers at Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers are members of the Workers' Compensation Lawyers Association

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