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Peoria Slip and Fall Attorney
A slip and fall accident can change your life in seconds. One moment you’re walking through Millennium Park, crossing a wet lobby floor in the Loop, or stepping into a store on Michigan Avenue, and the next you’re on the ground with a serious injury. If this has happened to you in or around Chicago, including Peoria, you have real legal rights, and Briskman Briskman & Greenberg is here to help you understand them.
Table of Contents
- What Is a Slip and Fall Claim Under Illinois Law?
- Common Causes of Slip and Fall Accidents in Chicago
- Illinois Law on Fault and Compensation in Slip and Fall Cases
- The Deadline to File Your Slip and Fall Claim in Illinois
- What to Do After a Slip and Fall Accident in Chicago
- FAQs About Peoria Slip and Fall Attorney in Chicago, IL
What Is a Slip and Fall Claim Under Illinois Law?
Slip and fall accidents fall under a category of law called premises liability. In simple terms, this means that property owners have a legal duty to keep their properties safe for visitors. When they fail to do that duty, and someone gets hurt, the injured person may have the right to seek compensation.
The Illinois Premises Liability Act (740 ILCS 130) is the law that governs these cases. The Illinois Premises Liability Act abolished the old legal distinctions between different types of visitors, such as invitees and licensees. Instead, property owners must now exercise reasonable care toward all visitors based on the circumstances, including the condition of the premises or any actions or omissions on the premises.
So what does “reasonable care” look like in practice? Think about a grocery store on Harlem Avenue in Norridge, or a restaurant near Wrigley Field. Property owners must regularly inspect their premises, address potential hazards promptly, and provide adequate warnings if immediate repairs cannot be made. If a store manager knows about a wet floor and does nothing, that is a breach of duty. If a landlord ignores a broken handrail on a staircase, that is also a breach of duty.
To win a slip and fall case in Illinois, you generally need to prove four things. Liability in slip and fall cases is determined by proving negligence, which includes establishing the property owner’s duty of care, breach of that duty, and a direct link to the injuries sustained. You also need to show that you suffered actual damages, such as medical bills, lost wages, or pain and suffering. These four elements, duty, breach, causation, and damages, form the foundation of every slip and fall claim. If you are unsure whether your situation meets these requirements, talking to a Chicago slip and fall lawyer at Briskman Briskman & Greenberg is a smart first step.
Common Causes of Slip and Fall Accidents in Chicago
Chicago’s weather and busy urban environment create plenty of opportunities for dangerous conditions. From the icy sidewalks along Lake Shore Drive in winter to the uneven pavement near the Riverwalk in summer, hazards are everywhere. Knowing what causes these accidents can help you understand whether someone else may be responsible for your injuries.
Slip and fall accidents can be caused by a variety of hazardous conditions. Wet surfaces, particularly in stores without warnings, are frequent triggers for these incidents. Uneven walkways, such as cracked sidewalks or potholes, can also lead to slip and fall accidents. Obstructions such as loose wires, cluttered walkways, and inadequate lighting are common factors contributing to falls. Damaged handrails and unstable steps are significant safety hazards.
Consider a practical example. You visit a shopping center near Orland Park, and there is a puddle near the entrance that no one has cleaned up or marked with a warning sign. You slip, fall, and break your wrist. The store knew, or should have known, about that hazard. That is exactly the kind of situation where a property owner can be held accountable.
Winter conditions in Chicago make things especially dangerous. Ice and snow near apartment buildings, parking garages, and public walkways near places like Union Station or Navy Pier can cause serious falls. A property owner might fail to repair defective carpeting or flooring materials, or they may fail to remove snow or ice from outdoor sidewalks within a reasonable amount of time. If your fall happened because of any of these conditions, you may have a valid claim. Our team at Briskman Briskman & Greenberg serves clients across the Chicago area, including those who need a Mundelein slip and fall lawyer or help in other nearby communities.
Illinois Law on Fault and Compensation in Slip and Fall Cases
One question people often ask is, “What if I was partly to blame for my fall?” Illinois uses a system called modified comparative negligence to answer that question. This system is fair to injury victims, but it does have limits you need to know about.
Illinois is a “modified” comparative negligence state. Under a modified comparative negligence system, if you’re found partly to blame for the fall, your percentage share of the total negligence reduces your personal injury damages by that amount. But only when you aren’t mostly to blame. When you’re more than 50% at fault, you get nothing.
Here is how this works in real life. Say you slipped on a wet floor at a restaurant near the Chicago Riverwalk. A jury finds that the restaurant was 80% at fault and that you were 20% at fault for not watching where you were walking. If your total damages are $100,000, you would recover $80,000. But if the jury found you were 60% at fault, you would receive nothing under Illinois law.
This is why insurance companies work so hard to shift blame onto you after a fall. They may argue you were wearing the wrong shoes, you were distracted by your phone, or you were in an area where you should not have been. Illinois law under 735 ILCS 5/2-1117 also addresses how fault is shared when multiple defendants are involved. Under that statute, defendants whose fault is 25% or greater of the total fault are jointly and severally liable for all damages. This matters when a building owner, a property manager, and a cleaning company all share responsibility for a dangerous condition.
If you were hurt at a property near Oak Lawn or the southwest suburbs, an Oak Lawn slip and fall lawyer from our team can evaluate your claim and help you understand how comparative fault might affect your case.
The Deadline to File Your Slip and Fall Claim in Illinois
Time is one of the most important factors in a slip and fall case. Illinois law sets a strict deadline for filing personal injury lawsuits, and missing that deadline can mean losing your right to any compensation at all.
In Illinois, the statute of limitations is governed by 735 ILCS 5/13-202, which states that actions for personal injury must be commenced within two years after the cause of action accrued. Put simply, if you’re injured due to someone else’s negligence in Illinois, you typically have exactly two years from the date of your injury to file a lawsuit. Once this period expires, you lose your legal right to seek compensation through the court system, regardless of how strong your case might have been.
Two years may sound like plenty of time, but it goes faster than you think. Medical treatment, recovery, and daily life take over, and before you know it, months have passed. There is also an important exception to know about. Some claims require formal notice within an even shorter period. For example, if you slip and fall on improperly maintained public property, you may need to provide written notice of your injury within 45 days to certain government entities. Failing to provide this notice can bar your claim completely.
This shorter deadline applies to falls on city sidewalks, in public parks like Humboldt Park or Grant Park, or on property maintained by the City of Chicago or the Chicago Transit Authority. If your fall happened near a CTA station or on a public walkway, you need to act fast. Do not wait to speak with a Chicago personal injury lawyer at Briskman Briskman & Greenberg. The sooner you reach out, the better your chances of preserving evidence and meeting every filing deadline.
What to Do After a Slip and Fall Accident in Chicago
The steps you take right after a fall can make or break your case. Evidence disappears quickly. Surveillance footage gets overwritten. Witnesses forget details. Acting quickly and carefully protects your rights and strengthens your claim.
First, get medical attention right away. Even if you feel okay, some injuries, like head trauma or soft tissue damage, do not show up immediately. Your medical records will be critical evidence in your case. Second, report the accident to the property owner or manager and make sure there is a written incident report. Third, take photos of the exact spot where you fell, including the hazard that caused it, whether it was a wet floor, broken pavement, or poor lighting.
Proving negligence in a slip and fall case involves showing that a hazardous condition existed on the property and that the owner knew or should have known about it. Your photos, any witness statements, and the incident report all help establish this. If there is a security camera in the area, ask that the footage be preserved immediately. It may be deleted within days.
You should also write down everything you remember about the accident while it is fresh. What time did it happen? What were you doing? Did you see any warning signs? Were there any witnesses? These details matter when building your case. Briskman Briskman & Greenberg handles slip and fall cases across the Chicago metro area. Whether you need an Orland Park slip and fall lawyer or help with a case anywhere in Cook County, our team is ready to review your situation. Our personal injury attorneys in Chicago work on a contingency fee basis, which means you pay nothing unless we recover compensation for you.
FAQs About Peoria Slip and Fall Attorney in Chicago, IL
How do I know if I have a valid slip and fall claim in Illinois?
You likely have a valid claim if a property owner’s failure to maintain safe conditions caused your fall and your injuries. You need to show that a hazard existed, that the owner knew or should have known about it, and that the hazard directly caused your injuries. A free consultation with Briskman Briskman & Greenberg can help you evaluate whether your situation meets these requirements under the Illinois Premises Liability Act (740 ILCS 130).
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 injury to file a lawsuit under 735 ILCS 5/13-202. However, if your fall happened on public property, such as a city sidewalk or a park maintained by a government entity, you may need to file a written notice within just 45 days. Missing these deadlines can permanently end your right to compensation, so contact an attorney as soon as possible.
Can I still recover damages if I was partly at fault for my fall?
Yes, as long as you were not more than 50% at fault. Illinois uses a modified comparative negligence rule, which means your compensation is reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $50,000, you would still recover $40,000. If you were found to be more than 50% at fault, you cannot recover anything under Illinois law (735 ILCS 5/2-1116).
What damages can I recover in a slip and fall case?
You may be able to recover compensation for medical bills, future medical treatment, lost wages, loss of earning capacity, pain and suffering, and emotional distress. In cases where a slip and fall leads to a fatality, the deceased person’s family may also be able to pursue a wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180). The specific damages available depend on the facts of your case and the severity of your injuries.
Does Briskman Briskman & Greenberg handle slip and fall cases outside of Chicago?
Yes. Briskman Briskman & Greenberg handles slip and fall and premises liability cases throughout the greater Chicago area, including communities like Mundelein, Oak Lawn, Orland Park, and many other surrounding areas. No matter where your accident occurred in the Chicago metro region, our team can review your case and help you understand your legal options.
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