β‘ Quick Answer: Do I Have a Slip and Fall Case?
To win a slip and fall case in Illinois or Wisconsin, you must show: (1) a hazardous condition existed on the property, (2) the property owner knew or should have known about it, (3) they failed to fix or warn of the hazard, and (4) that hazard caused your injuries. The sooner you preserve evidence and consult an attorney, the stronger your case.
Premises Liability Law in Illinois
Illinois premises liability law requires property owners to maintain their property in a reasonably safe condition. When property owners, businesses, or landlords fail this duty and someone is injured as a result, the injured person may have a premises liability claim.
Illinois distinguishes between invitees (people invited onto property for business), licensees (social guests), and trespassers β with the highest duty of care owed to invitees.
Common Slip and Fall Hazards
- Icy sidewalks and parking lots (Illinois winters create serious hazards)
- Wet floors without warning signs
- Uneven pavement, potholes, cracked sidewalks
- Poor lighting in parking garages, stairwells, hallways
- Broken or missing handrails on stairs
- Merchandise on store floors
- Loose or torn carpeting
- Hidden steps or elevation changes
What to Do After a Slip and Fall
- Report it immediately β to the store manager, property owner, or employer
- Document the hazard β photograph the condition before it's cleaned up or fixed
- Get witness information β names and phone numbers
- Seek medical attention β document your injuries, even if they seem minor
- Do not give a recorded statement to the property owner's insurance company
- Contact WIN Injury Network β (773) 831-5000 for a free consultation
β° Statute of Limitations
Illinois: 2 years from the date of injury to file a lawsuit. For government-owned property, you may have only 1 year and must file a notice of claim within 6 months.
Wisconsin: 3 years from the date of injury (or discovery of injury). Government entities require a notice of claim within 120 days.
Common Slip and Fall Injuries
- Hip fractures β especially dangerous for older adults
- Knee injuries β torn ligaments, meniscus tears
- Wrist and arm fractures β instinctive breaking of a fall
- Traumatic brain injuries β from hitting your head
- Spinal cord and back injuries
- Shoulder injuries
Frequently Asked Questions
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