Janitorial Company Liability for Slip and Fall Injuries

Every day in Chicago, janitors and cleaning crews work in office towers along the Magnificent Mile, hospital corridors near Northwestern Memorial, retail stores in the Loop, and apartment lobbies throughout Lincoln Park and Wicker Park. Their job is to keep those spaces clean and safe. But when a janitorial worker leaves a wet floor without a warning sign, over-applies a cleaning solution on tile, or fails to dry a freshly mopped entryway, someone can get seriously hurt. If that happened to you, you have the right to hold the responsible party accountable, and the question of who exactly is liable is one worth understanding before you do anything else.

Table of Contents

• How Illinois Law Defines Liability for Cleaning-Related Slip and Fall Injuries
• Common Janitorial Hazards That Lead to Slip and Fall Injuries in Chicago
• Who Can Be Held Liable: The Janitorial Company, the Property Owner, or Both?
• What Evidence You Need to Support Your Claim
• Illinois Comparative Fault and How It Affects Your Recovery
• FAQs About Janitorial Company Liability for Slip and Fall Injuries in Chicago

How Illinois Law Defines Liability for Cleaning-Related Slip and Fall Injuries

Illinois law does not give janitorial companies a free pass just because they were hired to do a job. Under the Illinois Premises Liability Act (740 ILCS 130), property owners and occupiers owe a duty of reasonable care to anyone lawfully on their premises. That duty extends to the work performed by contractors they hire, including cleaning and janitorial services. So when a janitorial company creates a hazardous condition, both the company and the property owner can face liability.

The Premises Liability Act eliminated the old distinction between invitees and licensees. Under Section 2 of 740 ILCS 130, the duty owed to lawful entrants is simply “reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.” A wet floor left unattended after mopping, a greasy surface from a cleaning product, or a slippery tile in a bathroom corridor all fall squarely within that standard. The janitorial company created the condition, and the property owner allowed it to persist.

Illinois also recognizes that multiple parties can share fault. Under 735 ILCS 5/2-1117, all defendants found liable in a negligence action are jointly and severally liable for a plaintiff’s past and future medical expenses. If a janitorial company’s fault is 25% or greater of the total fault, it can be held jointly and severally liable for all other damages too. This matters because it means you do not have to choose between suing the cleaning company and suing the building owner. You can pursue both, and an experienced Chicago personal injury lawyer can help you identify every party whose negligence contributed to your fall.

Proving negligence requires showing four things: that the janitorial company owed you a duty of care, that it breached that duty, that the breach caused your injury, and that you suffered real damages as a result. Courts look at whether the company followed reasonable cleaning protocols, whether workers placed wet floor signs, and whether they used appropriate products for the surface type.

Common Janitorial Hazards That Lead to Slip and Fall Injuries in Chicago

Janitorial companies create slip and fall hazards in predictable ways. Understanding the most common ones helps you recognize what happened in your own situation and why the company’s conduct was unreasonable.

Wet floors are the most frequent cause. A janitor mops a hallway in a River North office building, props a yellow sign nearby, and then moves to another floor before the floor is dry. Someone rounds the corner and goes down hard. The sign was there, but the question is whether one sign in a long corridor was enough, and whether the floor should have been blocked off entirely.

Over-application of floor wax or polish is another serious hazard. Cleaning crews often apply sealants and floor finishes to tile and hardwood surfaces in buildings along Michigan Avenue and in high-traffic Wicker Park retail spaces. When those products are applied too thickly or not buffed properly, they leave an invisible slick layer that looks dry but behaves like ice.

Chemical spills from cleaning carts are a related problem. Cleaning solutions, disinfectants, and degreasers can drip from carts or buckets onto floors in hallways, elevator lobbies, and restrooms. These liquids are often far more slippery than water, and they are invisible on certain floor surfaces like polished concrete or white tile.

Improper mopping technique also plays a role. Using a soaking-wet mop on a smooth tile floor, failing to wring it out properly, or mopping in the path of foot traffic without closing off the area are all failures that a properly trained cleaning crew would avoid. Buildings near the Chicago Riverwalk and in the South Loop see heavy foot traffic throughout the day, making these failures especially dangerous.

Finally, failing to report pre-existing hazards is a form of negligence too. Janitorial workers are often the first people to notice a cracked tile, a loose mat, or a drainage problem. If a cleaning crew sees a hazard and does not report it to property management, that omission can contribute to liability when someone is injured.

Who Can Be Held Liable: The Janitorial Company, the Property Owner, or Both?

This is one of the most important questions in these cases, and the answer is often both. Illinois law allows injured victims to pursue claims against multiple defendants at the same time. The janitorial company is directly liable for the negligent acts of its employees under the legal doctrine of respondeat superior. That means if a janitor employed by the company creates a dangerous condition while working within the scope of their job, the company is responsible for the harm that results.

The property owner or building manager is separately liable under the Illinois Premises Liability Act for failing to maintain safe conditions. Property owners who hire janitorial contractors do not transfer their duty of care to the contractor. They remain responsible for the overall condition of their property. If a building manager in the Gold Coast knew that a cleaning crew regularly left floors wet without adequate warning, and did nothing about it, that manager’s inaction is its own form of negligence.

There are situations where the janitorial company is an independent contractor rather than a direct employee of the property owner. Independent contractor status can limit certain types of vicarious liability, but it does not shield the contractor from direct liability for its own negligence. The company still owes a duty of care to the people who use the spaces it cleans. Courts in Illinois look at the level of control the hiring party exercised over the work to determine whether the contractor relationship truly limits liability.

In some cases, a property management company, a business tenant, and a janitorial service are all involved in the same building. A Chicago slip and fall lawyer can investigate the contracts between these parties, identify who had control over the cleaning schedule, and build a case against every responsible party. Do not assume that because one party says it is not responsible, no one is.

What Evidence You Need to Support Your Claim

Strong evidence is what separates a successful claim from one that goes nowhere. In janitorial slip and fall cases, the evidence you gather in the hours and days after your fall can make or break your case.

Start with photographs. If you are physically able, take pictures of the floor where you fell, any wet floor signs (or the absence of them), and your injuries. Capture the entire scene, including the direction of foot traffic, any mopping equipment left nearby, and the type of flooring. Many Chicago buildings, from the Merchandise Mart to neighborhood grocery stores, have surveillance cameras that record common areas. That footage is critical, and it gets deleted quickly. Your attorney can send a preservation letter demanding the footage be saved.

Get the names of any witnesses. People who saw you fall, or who noticed the wet floor before you did, can provide powerful testimony. Ask for contact information on the spot. Witness statements in slip and fall cases carry real weight because they corroborate your account of what happened.

Report the incident to the property manager or business owner before you leave. Ask for a copy of the incident report. If the building has a janitorial log or cleaning schedule, that document can show whether the floor was cleaned recently and whether proper protocols were followed. Your attorney can subpoena these records.

Seek medical attention immediately, even if you feel your injuries are minor. A documented medical visit creates a record that connects your injuries to the fall. Injuries like herniated discs and knee damage do not always cause severe pain right away, but they show up on imaging and can worsen significantly over time. Your medical records are the foundation of your damages claim, covering everything from emergency room bills to future treatment costs and lost wages.

An experienced slip and fall lawyer can handle the investigation while you focus on recovery. They know how to obtain cleaning contracts, employee training records, and maintenance logs that reveal whether the janitorial company followed industry standards.

Illinois Comparative Fault and How It Affects Your Recovery

Illinois follows a modified comparative fault system under 735 ILCS 5/2-1116. Under this rule, your compensation is reduced by the percentage of fault assigned to you. If you are found 20% at fault for the fall, your total damages are reduced by 20%. The critical cutoff is 50%. If you are found 50% or more at fault, you cannot recover anything at all.

Defense attorneys for janitorial companies and property owners often argue that the injured person was not paying attention, was wearing improper footwear, or walked past visible warning signs. These arguments are designed to shift blame and reduce or eliminate the company’s financial exposure. Do not assume that because a wet floor sign was present, you have no case. The placement, visibility, and adequacy of the warning are all factors that a jury can evaluate.

Your own conduct matters, but so does the defendant’s. If you were walking normally through a hallway in a Chicago office building near the Daley Center and slipped on a floor that had been mopped without any warning sign, the fault calculation is likely to favor you. If you ran through a clearly marked wet area, the analysis changes. The facts of your specific situation determine the outcome.

Illinois courts also look at whether the hazard was “open and obvious.” The open and obvious doctrine can reduce a property owner’s liability if the danger was so apparent that a reasonable person would have avoided it. However, Illinois courts have recognized that even open and obvious hazards can give rise to liability when the defendant should have anticipated that people would encounter the hazard despite its visibility, such as in a narrow hallway where there is no way around the wet floor.

Under 735 ILCS 5/13-202, you have two years from the date of your injury to file a personal injury lawsuit in Illinois. Missing that deadline means losing your right to recover, regardless of how strong your case is. Contact a slip and fall attorney as soon as possible to protect your rights and make sure critical evidence is preserved before it disappears. The team at Briskman Briskman & Greenberg is ready to review your case and help you understand your options. Call today for a free consultation.

FAQs About Janitorial Company Liability for Slip and Fall Injuries in Chicago

Can I sue a janitorial company directly if I slipped on a wet floor they created?

Yes. A janitorial company is directly liable for the negligent acts of its employees under Illinois law. If a cleaning crew member mopped a floor without placing adequate warning signs, used an overly slippery cleaning product, or failed to dry the surface before allowing foot traffic, the company that employs that worker is responsible for your injuries. You do not have to limit your claim to the property owner. Illinois law allows you to pursue both the janitorial company and the building owner or manager in the same lawsuit.

What if the janitorial company says the property owner is responsible, not them?

That argument does not automatically protect either party. Under Illinois law, both a janitorial company and a property owner can be held liable at the same time. The janitorial company is responsible for the hazard it created. The property owner is responsible for maintaining safe conditions on the property overall. Under 735 ILCS 5/2-1117, when multiple defendants are found liable in a negligence case, they can be held jointly and severally liable for your medical expenses. A thorough investigation of contracts, cleaning schedules, and incident reports will show exactly where responsibility lies.

Does a wet floor sign protect the janitorial company from liability?

Not necessarily. A wet floor sign is one factor, but it does not automatically eliminate liability. Courts look at whether the sign was visible, whether it was placed in the right location, and whether one sign was sufficient given the size of the hazard area. If a janitor placed a single small sign at one end of a long, busy corridor in a Chicago office building and you slipped at the other end, a jury can find that the warning was inadequate. The presence of a sign is a defense, not a complete shield.

How long do I have to file a claim against a janitorial company in Illinois?

Under 735 ILCS 5/13-202, you have two years from the date of your injury to file a personal injury lawsuit in Illinois. This deadline applies to claims against private parties, including janitorial companies and property owners. If you miss this deadline, you lose your right to sue, regardless of how strong your case is. Do not wait. Evidence disappears, witnesses become harder to locate, and surveillance footage is routinely deleted. Contact Briskman Briskman & Greenberg as soon as possible after your injury to protect your claim.

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

If you prove negligence, you can recover compensation for your medical expenses, including future treatment costs for ongoing conditions like herniated discs or knee injuries. You can also recover lost wages if your injuries kept you from working, and loss of future earning capacity if your injuries are permanent. Pain and suffering, emotional distress, and permanent disability are also recoverable. In cases involving severe injuries, these non-economic damages can be substantial. A slip and fall lawyer at Briskman Briskman & Greenberg can evaluate the full value of your claim and fight to recover every dollar you are owed.

More Resources About Liability in Chicago Slip and Fall Injury Cases

• Who Is Liable for Slip and Fall Injuries in Chicago
• Proving Negligence in Slip and Fall Injury Cases
• Property Owner Liability for Slip and Fall Injuries
• Business Owner Liability for Slip and Fall Injuries
• Landlord Liability for Slip and Fall Injuries
• Tenant Liability in Slip and Fall Injury Cases
• City of Chicago Liability for Slip and Fall Injuries
• Government Liability for Sidewalk Slip and Fall Injuries
• Construction Company Liability for Slip and Fall Injuries
• Maintenance Company Liability for Slip and Fall Injuries
• Comparative Fault in Illinois Slip and Fall Injury Cases
• Open and Obvious Doctrine in Illinois Slip and Fall Cases
• Duty of Care in Illinois Premises Liability Cases