Slip and fall accidents can happen anywhere in Chicago—from grocery stores and restaurants to apartment buildings and office properties—and they often result from dangerous conditions that should have been fixed. When property owners fail to maintain safe premises, innocent people can suffer serious injuries with lasting consequences.
If you or a loved one has been injured in a slip and fall accident due to someone else’s negligence, a Chicago slip and fall lawyer at Horwitz, Horwitz & Associates can help you pursue the compensation you deserve by calling (800) 985-1819 today.
Why Choose Horwitz, Horwitz & Associates After a Slip and Fall Injury
Horwitz, Horwitz & Associates has spent decades representing slip and fall victims in Chicago, securing significant verdicts and settlements in complex slip and fall cases. Our attorneys are experienced trial lawyers who prepare every case for litigation, giving our clients a powerful advantage in negotiations and in the courtroom. Recognized by their peers among the top lawyers in Illinois, our team is committed to delivering results and holding negligent property owners accountable.
Our track record of Success in Chicago Slip and Fall Cases
Slip and Fall Settlement of $900,000
Drug Technician Trips On Gravel, Injuring Her Back
A 52-year-old drug technician recovered $900,000 after slipping on loose gravel outside a major energy facility. She suffered a serious back injury after falling due to defectively poured asphalt.
The Case
The defense argued the injury stemmed from a prior back surgery and a preexisting herniated disc. They also claimed the 2-inch defect was too minor to be considered dangerous and presented surveillance footage suggesting the plaintiff had made a full recovery.
Our Firm’s Response
Horwitz, Horwitz & Associates showed that the property failed to provide a safe and suitable walking path. Despite heavy dispute, the case settled for $900,000, and helped the client receive justice for her pain and long-term recovery.
Common Causes of Slip and Fall Accidents
Slip and fall accidents in Chicago can result from many different dangerous conditions on public or private property. Common causes include:
- Wet or slippery floors caused by spills, leaks, or inadequate cleanup
- Snow and ice on sidewalks, parking lots, entrances, and other walkways
- Uneven sidewalks and pavement, including cracks, holes, and raised sections
- Loose or damaged flooring, such as torn carpeting, broken tiles, or warped floorboards
- Debris or objects left in aisles, hallways, or other walking areas
- Poor lighting that makes hazards difficult to see
- Broken or unsafe stairs, including damaged steps or missing handrails
- Water tracked indoors during Chicago rain, snow, or freezing weather
- Leaking pipes, roofs, or equipment that create slippery surfaces
- Poorly maintained entryways and walkways that create tripping or slipping hazards
The cause of a fall can be important when determining whether someone else may be legally responsible for the resulting injuries. Evidence showing what caused the accident, how long the dangerous condition existed, and whether the property owner or another responsible party knew or should have known about it can help establish a Chicago premises liability claim.
Serious Injuries Caused by Falls in Chicago
A fall can cause much more than temporary pain or bruising. Depending on how someone lands and the condition that caused the accident, a slip and fall can result in injuries requiring emergency treatment, surgery, rehabilitation, or ongoing medical care. Common injuries include:
- Broken bones and fractures, including broken wrists, arms, ankles, legs, and hips
- Traumatic brain injuries (TBIs), including concussions and more serious brain trauma
- Spinal cord and back injuries, including herniated or damaged discs
- Neck injuries, including whiplash and other soft-tissue damage
- Shoulder injuries, including dislocations, fractures, and torn rotator cuffs
- Knee injuries, including torn ligaments and cartilage damage
- Hip and pelvic fractures, which can be especially serious for older adults
- Sprains and torn ligaments, which may require extensive physical therapy
- Nerve damage, causing chronic pain, weakness, or loss of sensation
- Cuts, bruises, and other soft-tissue injuries caused by striking the floor or surrounding objects
Serious fall injuries can lead to substantial medical expenses, time away from work, and long-term changes to a person’s mobility and quality of life.
Proving Negligence in a Slip and Fall Case
To succeed in your case, we aim to prove that the responsible party was negligent in maintaining a reasonably safe environment. This requires that we collect evidence to prove the property owner had a duty of care, violated this duty, and caused you harm.
When building a case, a Chicago slip-and-fall lawyer may use evidence such as surveillance tapes, eyewitness accounts, photographs, videos of the accident site, police reports, maintenance records, and expert testimony. After thoroughly examining the evidence, we can build a convincing case that demonstrates the defendant’s liability and your entitlement to damages.
What Is “Notice” in a Slip and Fall Case?
In an Illinois slip and fall case, “notice” generally refers to whether the property owner or person responsible for the premises knew—or should reasonably have known—about the dangerous condition that caused your fall. Actual notice means someone responsible for the property was aware of the hazard, such as an employee seeing a spill or receiving a report about it. Constructive notice means the condition existed long enough, or was otherwise apparent enough, that the property owner should have discovered it through reasonable care and inspections.
Proving notice can be one of the most important parts of a Chicago slip and fall claim. Evidence such as surveillance footage, incident reports, maintenance and inspection records, employee statements, photographs, or testimony from other customers may help establish how long a dangerous condition existed and whether the property owner had an opportunity to address it.
Damages You Can Claim After a Chicago Slip and Fall
The goal of any personal injury claim is to receive compensation for losses suffered as a result of the accident. Known as damages, these losses are divided into two broad categories: economic and non-economic.
Economic damages
Economic damages are those that have an easily calculable monetary value. These can include medical expenses, lost wages from missed work, and the cost of any accommodations needed for recovery. Both future and past expenses can be included in the claim.
Non-economic damages
Non-economic damages are those that don’t have an exact dollar value, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are more difficult to calculate, but can be a substantial portion of your settlement or award.
In Illinois, most slip-and-fall injury claims must be filed within two years from the date of the accident, under 735 ILCS 5/13-202. Missing this deadline could mean losing your chance to seek justice.
Hiring an experienced Chicago personal injury attorney soon after your injury can help ensure that your case is filed on time and get the best chance of recovering the maximum amount of compensation possible.
How Slip and Fall Claims Work
While each case is unique, the legal process for a slip-and-fall lawsuit typically follows a general timeline.
1. Legal consultation
The first step is to consult with a personal injury lawyer experienced in slip-and-fall cases. During the initial consultation, your attorney will assess your case, determine if you have grounds to file a lawsuit, and guide you through your legal options.
2. Accident investigation
If you decide to move forward with your case, your lawyer will investigate the accident to collect evidence and determine who’s liable for your injuries.
3. File a demand for compensation
After conducting a thorough investigation, your attorney will file a demand for compensation with the negligent party and/or their insurance company. This is usually done in the form of a letter and may include an outline of your damages and the legal basis for your claim. This step starts the conversation between the parties and is often followed by negotiations.
4. Negotiation
Next, your lawyer will enter into negotiations with the other party in hopes of reaching a settlement. In some cases, this process may involve a third-party mediator to facilitate the discussion. The goal is to reach an agreement that achieves your desired outcome while avoiding the cost and time of a trial.
5. Take the case to trial
If the other party won’t agree to a fair settlement, your lawyer may recommend taking the case to trial. This can add many months to the process, but it may be necessary to receive the full amount of compensation that you deserve. To begin the trial process, your attorney will file a lawsuit with the court. From there, the case will enter a series of pre-trial hearings, and eventually, a jury or judge will determine whether you’re entitled to damages.
How Long Do You Have to File a Slip and Fall Claim in Illinois?
In most Illinois slip and fall cases, you generally have two years from the date your injury occurred to file a personal injury lawsuit. Illinois law provides a two-year statute of limitations for actions seeking damages for personal injuries. However, different deadlines can apply in certain circumstances, including claims involving a local government entity, which generally must be filed within one year.
Our Chicago Slip and Fall Lawyers Are Here to Help
Horwitz, Horwitz & Associates has decades of experience and a successful track record handling personal injury matters.
If you or your loved one has been hurt in a slip-and-fall accident on someone else’s property, contact us for a free consultation to find out how our Chicago personal injury attorneys can help you receive the compensation you deserve after your slip-and-fall incident.
Call (800) 985-1819 to learn how we can help you on your path toward recovery.
Frequently Asked Questions About Product Liability in Chicago
Do I have a case if I slipped but didn’t fall all the way to the ground?
Possibly. You may still have a claim if the slip caused an injury, even if you caught yourself or remained standing. The key questions are what caused you to slip, whether someone else was responsible for the condition, and whether you were injured as a result.
Can I file a claim if I slipped in a store but didn’t report it right away?
Yes. Failing to report the accident immediately does not automatically prevent you from pursuing a claim. However, reporting the incident promptly can help create a record of what happened and may make it easier to preserve evidence.
What if I slipped on a substance I didn’t see?
You may still have a claim. In fact, not seeing a substance before slipping can be consistent with the circumstances of many slip and fall accidents. Evidence showing what the substance was, how long it was present, and whether the store or property owner knew or should have known about it can be important.
What if the spill or hazard just happened before I fell?
A recently created hazard can make proving notice more difficult, but it does not necessarily end your claim. For example, evidence that an employee created the spill or was otherwise responsible for the condition may be relevant to whether the business acted reasonably.
Can photos taken after the accident still help my case?
Yes. Photos taken after a fall can help document the condition of the floor, sidewalk, stairs, or other area where the accident occurred. The closer the photographs are taken to the time of the accident, the more useful they may be in showing what the scene looked like.
Can I still recover compensation if I was wearing improper footwear?
Possibly. Your footwear may be considered when determining whether you contributed to the accident. Under Illinois’ modified comparative fault rules, your compensation can be reduced based on your percentage of fault, and you generally cannot recover if you are found to be more than 50% responsible for your injury.
Will store surveillance footage be available for my claim?
It may be. Many stores and businesses use surveillance cameras that can capture the accident, the condition that caused it, and what employees did before or afterward. Because footage may not be retained indefinitely, it can be important to request that potentially relevant video be preserved as soon as possible.
What if I was distracted when I fell, like using my phone?
You may still have a claim, although your own actions could affect the amount you recover. Illinois uses a comparative fault system, so a court may consider whether your conduct contributed to the accident and reduce damages accordingly.
Can I file a claim for a fall on a sidewalk or public property?
Potentially, but claims involving the City of Chicago or another local public entity can involve different rules and deadlines than claims against private property owners. Illinois’ Local Governmental and Governmental Employees Tort Immunity Act also addresses when a local public entity may be liable for an unsafe condition and generally requires proof of actual or constructive notice.
What if the business denies that the hazard existed?
A business’s denial does not necessarily prevent you from pursuing a claim. Photographs, surveillance footage, witness statements, incident reports, inspection and maintenance records, and other evidence may help establish what condition existed and whether the business knew or should have known about it.
