When a Property Owner Is Responsible
Under the Illinois Premises Liability Act, property owners and the businesses that control a property owe visitors reasonable care. That generally means fixing dangerous conditions they knew about, or should have discovered, or warning people about them.
Not every fall leads to a claim. The key questions are what caused the fall, how long the hazard was there, and whether the owner knew or should have known about it. Phil investigates those facts quickly, before a spill is mopped up or a broken step is repaired.
Where Falls Happen
- Grocery stores and retail stores: spills, leaks, cluttered aisles
- Apartment buildings: broken stairs, poor lighting, missing handrails
- Parking lots and garages: potholes, uneven pavement, unsalted ice
- Restaurants, gyms and hotels
- Construction areas and loose or uneven flooring
Ice and snow: Illinois law treats natural accumulations of snow and ice differently from ice caused by a property defect, such as a leaking gutter or poor drainage. These cases depend on details, so call Phil to talk through what happened.
What to Do After a Fall
- Report the fall to the manager or owner and ask for a copy of the incident report.
- Photograph the hazard right away, and your shoes and injuries.
- Get witness names and phone numbers.
- See a doctor promptly, even if you think you're just bruised.
- Call Phil so he can request surveillance video before it's recorded over.
What You Can Recover
Illinois law lets injured people recover compensation for the full harm someone else's negligence caused. Depending on your case, that can include:
- Medical expenses, past and future: ER visits, surgery, therapy, medication and ongoing care
- Lost wages and reduced ability to earn in the future
- Pain and suffering, including physical pain and emotional distress
- Loss of normal life: the activities, hobbies and independence the injury took from you
- Disfigurement and scarring
- Property damage, such as vehicle repair or replacement
Common Questions
How long do I have to file a personal injury claim in Illinois?
In most Illinois personal injury cases, you have two years from the date of the injury to file a lawsuit. Claims against a city, county, park district or other local government can have a much shorter deadline of one year, and some require notice even sooner. Talk to a lawyer as early as you can so a deadline does not quietly end your case.
What if I fell on public property, like a city sidewalk?
Claims against a city, village, park district or other local government follow special rules under the Local Governmental and Governmental Employees Tort Immunity Act, including a one-year deadline to sue. Call a lawyer right away if you fell on public property.
The store says I should have watched where I was going. Do I still have a case?
Possibly. Under Illinois comparative fault rules, you can recover if you were 50% or less at fault. Your award is reduced by your share of fault. Whether the hazard was open and obvious is one factor, but it doesn't automatically end a case.
How much does it cost to hire Phil?
The consultation is free. Phil handles injury cases on a contingency fee, which means his fee is a percentage of what he recovers for you. If there is no recovery, you owe no attorney fee. Phil will explain the fee agreement in writing before you sign anything.