A fall in a store or restaurant can leave you with a broken wrist, a torn ligament, or a head injury in the space of a second. When it happens on a business’s property, people often assume the business automatically has to pay. Illinois law is more nuanced than that. A slip and fall claim depends on showing that the business failed in its duty to keep the premises reasonably safe.
The Duty Owed to Customers
A customer who enters a business is what the law calls an invitee, and businesses owe invitees a high level of care. That means keeping floors, aisles, entryways, and parking areas reasonably safe, inspecting for hazards, and either fixing dangers or warning people about them. A wet floor sign, for example, is the kind of warning the law expects when a hazard cannot be cleaned up right away.
Proving Notice
The central question in most slip and fall cases is notice. To hold the business responsible, you generally must show one of the following:
- The business created the hazard, such as an employee mopping without a warning sign.
- The business knew about the hazard and did nothing.
- The hazard existed long enough that the business should have found and fixed it through reasonable inspections.
Common hazards include spilled liquids, freshly waxed floors, torn carpet, cluttered aisles, and ice tracked in near entrances during Illinois winters.
Act Quickly to Preserve Evidence
Slip and fall evidence vanishes fast. Spills get cleaned, surveillance footage is overwritten, and staff who witnessed the fall move on. To protect a potential claim:
- Report the fall to a manager and ask for a written incident report.
- Take photos of the hazard and the surrounding area right away.
- Get the names of any witnesses.
- Seek medical care and keep your records.
Illinois generally allows two years to file a personal injury suit, but the useful evidence can disappear in days. If you were hurt in a fall at a business, we are glad to review what happened during a free consultation and tell you whether the owner may be responsible.
This article is general information, not legal advice. For guidance on your specific situation, speak with an attorney.