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Injured in a Fall in Illinois?
It’s not just “clumsiness.” If a property owner’s negligence caused your fall, you have rights. Understanding premises liability, construction negligence, and municipal immunity is the first step.
Premises Liability: Slip & Trip
Owners of stores, restaurants, and apartments have a duty to maintain a reasonably safe environment for invitees. Common claims involve:
- Wet Floors (Slip & Fall): Spills in grocery aisles or tracked-in rain that owners failed to clean up timely.
- Ice & Snow (The “Natural Accumulation” Rule): Illinois has a unique rule. Generally, owners are not liable for natural snow/ice. They are usually only liable if they created an unnatural accumulation (e.g., a defective gutter pouring water onto a walkway that freezes).
- Tripping Hazards: Torn carpet, loose floorboards, or clutter in aisles.
Defense to Watch: “Open and Obvious”
Property owners often argue the danger was so obvious you should have avoided it. However, exceptions exist if you were distracted by something foreseeable (like a store display).
Construction Accidents & Falls
Falls are the leading cause of injury on construction sites. These cases are complex because they often involve multiple layers of liability.
Workers’ Comp vs. Third-Party Claims
If you are an employee, you generally cannot sue your direct employer (you get Workers’ Comp). However, you can often sue a negligent third party, such as a General Contractor, property owner, or different subcontractor who created the hazard.
- Scaffolding Falls: Improper assembly or lack of safety rails.
- Uncovered Holes: Floors with openings that are not marked or covered.
- Ladder Failures: Defective equipment provided by a GC
Falls into Uncovered Holes
Whether it’s an open utility vault, a post-hole in a parking lot, or an excavation trench, leaving a hole uncovered and unguarded is a prime example of negligence.
Parking Lots & Private Land
Property owners must illuminate areas and cover holes. If you step into a pothole or uncovered utility box at night in a dark parking lot, the lack of lighting often strengthens the negligence claim.
The “Trap” Concept
Illinois law looks unfavorably on “traps”—hazards that are concealed or deceptive. An uncovered hole hidden by overgrown grass is far more likely to result in liability than a clearly marked construction trench.
City Streets & Public Sidewalks
Falling on a city sidewalk (like in Chicago) is legally very different from falling in a grocery store. The government is protected by the Tort Immunity Act, which makes these cases harder to win.
The 1-Year Statute of Limitations
CRITICAL: While most injury cases in Illinois have a 2-year deadline, claims against a municipality (city, town, county) typically must be filed within 1 year. If you wait too long, your case is gone forever.
The “De Minimis” Rule
Illinois courts often rule that small defects (cracks or height differences of less than 2 inches) are “de minimis” (too minor) to be actionable. The law expects pedestrians to look where they are going.
Actual or Constructive Notice
You must prove the city knew about the dangerous sidewalk and failed to fix it, or that the defect existed for so long (constructive notice) they should have known.
What to Do After a Fall
Document Everything
Take photos of the hole, ice, or crack immediately. Defects get fixed quickly after accidents to hide evidence.
Seek Medical Care
See a doctor immediately. A gap in treatment gives insurance companies a reason to deny your claim.
Call a Lawyer
Especially for government claims (sidewalks), you need to file notices correctly and quickly.