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Decatur Slip and Fall Attorney
A slip and fall accident can turn your life upside down fast. One moment you’re shopping at a store near Decatur Street, walking through Millennium Park, or heading into a building in the Loop, and the next moment you’re on the ground in serious pain. If a property owner’s carelessness caused your fall, you have rights under Illinois law. The team at Briskman Briskman & Greenberg is ready to stand in your corner and fight for the compensation you deserve.
Table of Contents
- What Illinois Law Says About Slip and Fall Accidents
- Common Causes of Slip and Fall Accidents in the Chicago Area
- How Illinois Law Handles Fault and Compensation
- The Deadline to File Your Slip and Fall Claim in Illinois
- Why Choose Briskman Briskman & Greenberg for Your Slip and Fall Case
- FAQs About Decatur Slip and Fall Attorney Services in Chicago, IL
What Illinois Law Says About Slip and Fall Accidents
Illinois has a specific law that governs slip and fall claims. Most Illinois slip and fall claims are governed by the Premises Liability Act, 740 ILCS 130. The Act abolishes the old distinction between “invitees” and “licensees” and provides that landowners owe people lawfully on the property a duty of reasonable care under the circumstances. In plain terms, if you had a right to be on someone’s property, that property owner had a legal duty to keep things reasonably safe for you.
What does “reasonable care” actually mean? In general, the duty of care requires a landowner to periodically inspect their property to discover dangers, and either warn visitors about dangerous conditions, or fix those conditions. So if a store near the Magnificent Mile had a wet floor and no warning sign, or if a landlord in Wicker Park ignored a broken step for weeks, those are potential violations of this duty.
It is also important to know what the law does not require. The duty of reasonable care under the circumstances does not include a duty to warn of or otherwise take reasonable steps to protect entrants from conditions on the premises that are known to the entrant, are open and obvious, or can reasonably be expected to be discovered by the entrant. This is why having an attorney review your case matters so much. The property owner’s insurance company will look for every reason to argue the hazard was “obvious.” You need someone who knows how to push back on those arguments.
Illinois also has a specific rule about snow and ice. When the hazard is snow or ice, Illinois has an important limitation known as the natural accumulation rule. Illinois courts have long held that, as a general rule, property owners have no duty to remove natural accumulations of snow, ice, or meltwater from their premises. However, if a faulty gutter or a poorly designed parking lot in Bridgeport caused ice to form in an unnatural way, the property owner may still be liable. These cases require careful investigation and legal skill.
At Briskman Briskman & Greenberg, we know this law inside and out. If you were hurt on someone else’s property anywhere in the Chicago area, reach out to us today for a free consultation.
Common Causes of Slip and Fall Accidents in the Chicago Area
Slip and fall accidents happen in many different settings across Chicago and its surrounding communities. From the busy sidewalks near Navy Pier to the parking garages off the Dan Ryan Expressway, hazardous conditions can appear almost anywhere. Understanding what causes these accidents can help you recognize when a property owner may be at fault.
Some of the most common causes include wet or slippery floors inside grocery stores, restaurants, and retail shops. A spill that sits unattended for too long in a South Loop supermarket is a classic example. Other common causes include uneven pavement or cracked sidewalks, broken handrails on staircases, poor lighting in hallways or parking structures, and debris left in walkways. These hazards appear in apartment buildings in Logan Square, office buildings downtown, and shopping centers in neighborhoods across the city.
Outdoor conditions also create serious risks. Illinois cases describe liability for falls on unnatural ice as arising from a defective condition (for example, faulty gutters) or negligent maintenance or use of the property, which causes or aggravates ice formation. If a building’s downspout drains water directly onto a walkway near a Pilsen apartment complex and that water freezes overnight, an injured visitor may have a strong claim against the property owner.
Retail locations, restaurants, and commercial properties along areas like North Michigan Avenue or in the Fulton Market District see heavy foot traffic every day. That traffic increases the chance that a hazard will develop and that someone will get hurt. Property owners in these areas have a clear obligation to stay on top of maintenance and inspections.
If you were hurt in any of these situations, do not assume the accident was your fault. Contact Briskman Briskman & Greenberg to talk through what happened. We will help you figure out whether a property owner’s negligence played a role in your injuries.
How Illinois Law Handles Fault and Compensation
One question people often ask is what happens if they were partly at fault for their own fall. Illinois follows a modified comparative fault rule. This means that even if you were partially responsible for your accident, you may still be able to recover compensation, as long as your share of the fault is less than 51 percent. Your total compensation is simply reduced by your percentage of fault.
Illinois law also addresses how fault is divided among multiple defendants. Under the Illinois Premises Liability Act, the distinction under the common law between invitees and licensees as to the duty owed by an owner or occupier of any premises to such entrants is abolished. The duty owed to such entrants is that of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them. When more than one party shares responsibility, Illinois has rules about how damages are paid. Under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. Any defendant whose fault is 25 percent or greater is jointly and severally liable for all other damages as well. This matters because it affects your ability to collect the full amount of your compensation.
What types of compensation can you seek? In a slip and fall case, you may be entitled to recover medical bills (both past and future), lost wages if you missed work, reduced earning capacity if the injury affects your ability to work long-term, pain and suffering, and other related expenses. Serious injuries like broken hips, spinal injuries, or traumatic brain injuries can result in significant medical costs that add up fast.
The Chicago slip and fall lawyer team at Briskman Briskman & Greenberg knows how to build a strong case for maximum compensation. We gather evidence, work with medical professionals, and hold negligent property owners accountable. Let us put that knowledge to work for you.
The Deadline to File Your Slip and Fall Claim in Illinois
Time is not on your side after a slip and fall accident. Illinois law sets a strict deadline for filing a personal injury lawsuit, and missing that deadline can cost you your entire case. In Illinois, the general statute of limitations for personal injury cases is two years from the date of the injury. This deadline is established by 735 ILCS 5/13-202 of the Illinois Compiled Statutes. That means if you slipped and fell today, you generally have two years from that date to file a lawsuit in civil court.
Two years may sound like plenty of time, but it goes faster than you think. Medical treatment, recovery, and the stress of daily life can make months disappear quickly. Evidence collection is time-sensitive in slip and fall cases. Photos, surveillance, witness contact information, and incident reports should be preserved right away. Surveillance footage from a store or building near the Chicago Riverwalk may be overwritten within days or weeks. Witnesses move on and their memories fade. The sooner you act, the stronger your case will be.
There are also important exceptions to the two-year rule. Where the fall occurred can affect your deadline. Falls on private property follow the standard two-year rule, but accidents on government property may have much shorter notice requirements, sometimes as brief as one year or even just a few months. For example, if you fell on a city-owned sidewalk near Grant Park or on property managed by the Chicago Park District, you may need to provide written notice to the government entity within a much shorter window. Missing that notice deadline can bar your claim entirely.
Do not wait to get legal help. The Mundelein slip and fall lawyer and broader Chicago-area team at Briskman Briskman & Greenberg will make sure your claim is filed correctly and on time. Call us today so we can start protecting your rights right away.
Why Choose Briskman Briskman & Greenberg for Your Slip and Fall Case
Choosing the right legal team after a serious injury is one of the most important decisions you will make. You need attorneys who understand Illinois personal injury law, who know the local courts, and who genuinely care about the people they represent. That is exactly what Briskman Briskman & Greenberg offers.
Our firm has served injured clients across the Chicago area for decades. We know the Cook County courthouse. We know the judges, the procedures, and the insurance company tactics designed to minimize your recovery. Whether your accident happened near the United Center in the West Loop, in a strip mall in Roseland, or on a walkway in Hyde Park near the Museum of Science and Industry, we are prepared to handle your case with skill and dedication.
We also handle slip and fall cases in communities throughout the greater Chicago region. If you or someone you know was hurt in the south suburbs, our Oak Lawn slip and fall lawyer team is ready to help. We also serve clients in the southwest suburbs through our Orland Park slip and fall lawyer practice. No matter where your accident happened in the Chicago metro area, we have you covered.
Our firm works on a contingency fee basis for personal injury cases. That means you pay nothing unless we win your case. There is no upfront cost and no financial risk to you. We take on the burden of the legal fight so you can focus on healing.
As personal injury attorneys in Chicago, we treat every client like family. We return calls, explain what is happening with your case, and fight hard every step of the way. If you were hurt in a slip and fall accident anywhere in the Chicago area, contact Briskman Briskman & Greenberg today for a free, no-obligation consultation.
FAQs About Decatur Slip and Fall Attorney Services in Chicago, IL
What should I do immediately after a slip and fall accident in Chicago?
Report the accident to the property owner or manager right away and ask for a written incident report. Take photos of the hazard that caused your fall, including any wet floors, broken pavement, or icy patches. Get the names and contact information of any witnesses. Seek medical attention as soon as possible, even if your injuries seem minor at first. Then contact a slip and fall attorney to protect your legal rights before evidence disappears or deadlines pass.
How long do I have to file a slip and fall lawsuit in Illinois?
In most cases, you have two years from the date of your accident to file a personal injury lawsuit in Illinois under 735 ILCS 5/13-202. However, if your fall happened on government-owned property, such as a city sidewalk or a public park, you may face much shorter notice requirements. Missing these deadlines can permanently end your ability to recover compensation, so it is important to speak with an attorney as soon as possible after your injury.
Can I still recover compensation if I was partly at fault for my fall?
Yes, in many cases you can. Illinois follows a modified comparative fault rule. As long as you are found to be less than 51 percent at fault for the accident, you can still recover damages. Your total compensation will be reduced by your percentage of fault. For example, if a jury finds you were 20 percent at fault and awards $100,000 in damages, you would receive $80,000. An experienced attorney can help counter arguments from the property owner’s insurer that try to place more fault on you than is fair.
What kinds of injuries are common in slip and fall accidents?
Slip and fall accidents can cause a wide range of injuries, from minor bruises to life-altering conditions. Common injuries include broken bones (especially wrists, ankles, and hips), knee injuries, back and spinal injuries, shoulder injuries from trying to catch yourself, and traumatic brain injuries from hitting your head. Older adults are especially vulnerable to serious injuries from falls. Even injuries that seem minor at first can develop into significant medical problems, which is why it is important to see a doctor right away and document everything carefully.
Does Briskman Briskman & Greenberg charge upfront fees for slip and fall cases?
No. Briskman Briskman & Greenberg handles personal injury cases, including slip and fall claims, on a contingency fee basis. This means you do not pay any attorney fees unless and until we recover compensation for you. There is no cost to you for the initial consultation, and you take on no financial risk by reaching out for help. You can focus on your recovery while we handle the legal work on your behalf.
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