Maintenance Company Liability for Slip and Fall Injuries

When you slip and fall on a Chicago property, your first instinct is to blame the property owner. That makes sense. But what if a maintenance company was actually responsible for the dangerous condition that caused your fall? In Illinois, third-party contractors like janitorial services, building maintenance firms, and grounds crews can be held legally liable for slip and fall injuries, just like a property owner can. Understanding how this works could be the difference between recovering full compensation and walking away with nothing.

Table of Contents

• How Illinois Law Defines Maintenance Company Liability
• Common Scenarios Where Maintenance Companies Cause Slip and Fall Injuries
• Joint and Several Liability: Holding Multiple Parties Accountable
• Proving a Maintenance Company Was Negligent
• The Statute of Limitations and Why You Must Act Quickly
• FAQs About Maintenance Company Liability for Slip and Fall Injuries in Chicago

How Illinois Law Defines Maintenance Company Liability

The Illinois Premises Liability Act (740 ILCS 130/) governs personal injury claims related to unsafe property conditions. Most people know this law applies to property owners. What many people do not realize is that it can also reach the companies hired to keep those properties safe. When a building owner in the Loop or a property manager in Lincoln Park contracts with a maintenance company, that company takes on a legal duty of its own. If the maintenance company performs its work carelessly, or fails to perform it at all, and someone gets hurt as a result, that company can face a negligence claim.

To prove a maintenance company was negligent, you generally need to show four things. First, the company owed you a duty of care. Second, it breached that duty. Third, the breach caused your injury. Fourth, you suffered real damages from that injury. Property owners and occupiers must maintain their premises in a reasonably safe condition and warn visitors of any known hazards. When a property owner delegates that responsibility to a maintenance contractor, the contractor steps into a similar role. Think of a janitorial company hired to clean the floors of a River North office building. If a crew member mops a hallway and leaves it wet without placing warning signs, and a visitor slips and breaks a hip, the janitorial company may be directly liable for that injury.

The key question courts ask is whether the maintenance company created the hazard, made an existing hazard worse, or failed to correct a hazard it was specifically hired to address. Cleaning companies, maintenance providers, product manufacturers, negligent security contractors, and others may all share some liability in a slip and fall case. This is important because it means you may have more than one party to hold accountable. A Chicago personal injury lawyer at Briskman Briskman & Greenberg can review your situation and identify every party whose negligence contributed to your fall.

Common Scenarios Where Maintenance Companies Cause Slip and Fall Injuries

Maintenance companies operate across Chicago every single day, from the high-rises along Michigan Avenue to the apartment complexes in Wicker Park. Their work touches nearly every surface you walk on. When that work is done carelessly, people get hurt. Knowing the most common failure patterns helps you understand whether a maintenance company shares responsibility for what happened to you.

Wet floors are one of the most frequent causes of slip and fall injuries in Chicago. A janitorial company that mops floors during peak foot traffic hours, or fails to post wet floor signs, creates a hazard that is entirely preventable. The same applies to cleaning hazards, where improper use of cleaning products leaves floors slippery long after the crew has left. Grounds maintenance companies that fail to salt icy walkways outside a Gold Coast condo building, or that plow snow into pedestrian paths, create dangerous conditions that can cause serious falls. Improper grading, drainage, or slopes channel meltwater across sidewalks or parking lots where it refreezes. A business piles up snow in a way that creates ridges, mounds, or icy run-off in walking paths. When a grounds crew creates those conditions, they own the consequences.

Other common scenarios include maintenance companies that fail to repair broken flooring, leave uneven surfaces unaddressed, or ignore loose handrails on stairways. Property managers or groundskeepers who neglect hazards like ice, snow, or sidewalk cracks may be at fault for accidents. Parking garage maintenance crews that leave oil spills unaddressed, or lighting maintenance companies that allow bulbs to go unreplaced in poorly lit areas, can also be held liable. Each of these situations involves a company that was paid to prevent exactly the kind of harm that occurred. When they collect payment and fail to do the job, the law gives you a way to hold them accountable. A skilled slip and fall attorney knows how to investigate these situations and build a strong case.

Joint and Several Liability: Holding Multiple Parties Accountable

One of the most powerful tools available in a Chicago slip and fall case is the ability to pursue multiple defendants at once. When a maintenance company and a property owner both contributed to the conditions that caused your fall, Illinois law allows you to bring claims against both. In slip-and-fall cases, liability could be shared by the property owner, a management company, and a third-party contractor. This matters because it means you are not limited to recovering from just one source.

Under 735 ILCS 5/2-1117, Illinois has specific rules about how liability is divided among multiple defendants in negligence cases. All defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. For other damages, a defendant whose share of fault is 25% or greater is jointly and severally liable for all damages. A defendant found less than 25% at fault is only severally liable for non-medical damages. What this means practically is that if a maintenance company is found 40% responsible for your fall and the property owner is found 60% responsible, both can be required to pay your full medical costs. You are not left chasing a company that claims it only had a small role.

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. When you’re more than 50% at fault, you get nothing. This is why it matters to have an attorney who can fight back against attempts by insurance companies to shift blame onto you. Contact a slip and fall lawyer at Briskman Briskman & Greenberg to protect your right to full compensation.

Proving a Maintenance Company Was Negligent

Proving that a maintenance company caused your slip and fall injury requires specific, well-organized evidence. Insurance companies representing these contractors will argue that their client followed proper procedures, had no notice of the hazard, or that the dangerous condition was caused by someone else. You need evidence that directly contradicts those arguments.

Maintenance logs and service contracts are among the most valuable pieces of evidence in these cases. A maintenance contract specifies exactly what the company was hired to do and how often. If the contract required daily floor inspections and the company skipped them, that is a clear breach. Surveillance footage from cameras inside or outside the property can show when a hazard appeared, how long it existed, and whether any maintenance crew addressed it. Evidence to support your claim may include incident reports, witness statements, photographs or video of the hazard, medical records, and expert testimony.

Generally, owners must have actual notice (personal knowledge) or constructive notice (reasonably should have known) of dangerous conditions with enough time to address them before being liable. The same notice standard applies to maintenance companies. If a janitorial crew was present in a building near Millennium Park for four hours and walked past a wet floor without addressing it, a court can find constructive notice. Expert witnesses, including building safety professionals and facilities management specialists, can testify about what a properly run maintenance company should have done differently. Engineers, building code specialists, facilities safety managers, human factors experts, or other professionals often provide opinions on conditions, causation, and reasonable standards of care. An experienced slip and fall attorney knows how to gather and present this evidence effectively.

The Statute of Limitations and Why You Must Act Quickly

Illinois law gives you a limited window to file a personal injury claim after a slip and fall injury. Under 735 ILCS 5/13-202, the statute of limitations for most personal injury claims in Illinois is two years from the date of the injury. Miss that deadline, and you lose your right to sue, no matter how strong your case is. Two years may sound like plenty of time, but slip and fall cases involving maintenance companies require extensive investigation that takes time to complete.

Evidence disappears fast. Surveillance footage gets overwritten within days or weeks. Maintenance logs get lost or altered. Witnesses move away or forget what they saw. The longer you wait to contact an attorney, the harder it becomes to build the case you need. In Illinois, you generally have two years from the date of the accident to file a third-party claim. Missing this deadline can mean losing your right to compensation. If the property involved is owned by a government entity, such as a Chicago Park District facility or a CTA station, the notice requirements are even shorter and more strict.

Briskman Briskman & Greenberg handles slip and fall cases across the Chicago area, including cases involving third-party maintenance contractors. The firm works on a contingency fee basis, meaning you pay no attorney’s fees unless your case results in a recovery. If you were hurt in a fall caused by a maintenance company’s careless work, whether near the Daley Center, in a South Loop parking garage, or on the grounds of a Lakeview apartment complex, reach out as soon as possible. The sooner an attorney can begin preserving evidence and identifying all liable parties, the stronger your case will be. Contact a slip and fall lawyer or an slip and fall attorney at Briskman Briskman & Greenberg today to discuss your rights and your options.

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

Can I sue a maintenance company directly, or do I have to sue the property owner?

You can sue a maintenance company directly if its negligence caused or contributed to your slip and fall injury. Illinois law allows you to bring claims against any party whose careless actions led to your harm. In many cases, both the property owner and the maintenance company share responsibility, and you can pursue claims against both at the same time. An attorney can review the maintenance contract, service records, and other evidence to determine which parties are liable.

What if the maintenance company says it followed its contract and did nothing wrong?

A maintenance company claiming it followed its contract is not the end of the story. The contract itself may have required more than the company actually performed. Even if the company completed every task listed in the contract, it may still be liable if it performed those tasks carelessly, such as mopping floors without warning signs or salting walkways with inadequate product. Illinois negligence law looks at whether the company acted with reasonable care, not just whether it technically completed a checklist.

What damages can I recover in a claim against a maintenance company?

If you can prove a maintenance company was negligent and caused your injuries, you may be able to recover compensation for medical expenses, future medical costs, lost wages, loss of earning capacity, pain and suffering, and emotional distress. In cases involving serious injuries like spinal cord damage, hip fractures, or traumatic brain injuries, those amounts can be substantial. Illinois law also allows recovery for permanent disability and scarring in appropriate cases.

What if I was a worker injured on a property maintained by a third-party company?

Workers who are injured on properties maintained by third-party companies may have two separate claims. Under the Illinois Workers’ Compensation Act (820 ILCS 305), you are entitled to workers’ compensation benefits from your employer regardless of fault. At the same time, you may be able to bring a separate personal injury claim against the maintenance company if its negligence caused your fall. These two claims can run at the same time, and a successful third-party claim can provide compensation for pain and suffering that workers’ compensation does not cover.

How do I know if a maintenance company had notice of the hazard that caused my fall?

Notice can be proven in two ways under Illinois law. Actual notice means the maintenance company’s employees knew about the dangerous condition. Constructive notice means the hazard existed long enough that the company should have discovered it through reasonable inspection. Maintenance logs, employee schedules, surveillance footage, and witness statements are all tools an attorney can use to establish that a maintenance company knew or should have known about the hazard before your fall occurred.

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
• Janitorial 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