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Slip and Fall Laws in Illinois

R. Mark Maritote Aug. 20, 2018

Slip and fall cases usually occur because a business owner was negligent in maintaining their property. This may involve a temporary substance on a floor, or a permanent crack in a walkway. When someone suffers a serious injury in a fall on another person’s property, they must prove liability to receive compensation for their damages.

The victim and their attorneys must prove the fall was the direct result of negligence and recklessness.

What do I need to prove in my case?

The fact that you suffered a serious injury on someone’s property does not entitle you to compensation by itself, though many facilities have a form of insurance in the event of a fall. To better your chances at a successful slip and fall lawsuit, you must prove:

  1. An unreasonable risk of harm was present on the property

  2. The property owner was aware, or should have been aware of that condition

  3. The store or property owner would reasonably expect that people would not know of the danger, or fail to avoid it

The time it existed may be hard to prove if it was temporary. It is important to prove whether the cause of the accident was there for long. If you are able, you’ll want to take a picture of what caused you to fall. This could help when proving liability.

The statute of limitations

If you had a slip or fall accident, you’ll want to file a lawsuit against the person or entity responsible for your injuries before the statute of limitations expires. For an accident on private property, the statute of limitations is two years. If your accident happened on public property, you have a year to file before the expiration.

Some people are hesitant to take legal action after a slip or fall incident because of embarrassment or clumsiness. However, if you believe you may have a case against a property owner, you may be entitled to seek fair compensation.