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Slip & Fall

Slip & Fall Attorneys in Illinois & Wisconsin

Property owners have a duty to keep their premises safe. When they fail, WIN's premises liability attorneys hold them accountable and fight for the compensation you deserve.

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⚑ 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

  1. Report it immediately β€” to the store manager, property owner, or employer
  2. Document the hazard β€” photograph the condition before it's cleaned up or fixed
  3. Get witness information β€” names and phone numbers
  4. Seek medical attention β€” document your injuries, even if they seem minor
  5. Do not give a recorded statement to the property owner's insurance company
  6. Contact WIN Injury Network β€” (773) 831-5000 for a free consultation

⏰ 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

Can I sue a store if I slip and fall on a wet floor in Illinois?βŒ„
Yes, if the store knew or should have known about the wet floor and failed to clean it up or place adequate warning signs. Illinois courts consider how long the hazard existed, whether employees had a reasonable opportunity to discover it, and whether proper procedures were followed.
What if I fell on government property (like a sidewalk or city building)?βŒ„
Claims against government entities in Illinois require filing a Notice of Claim within 1 year of the injury. For Chicago, notice must be filed within 6 months. These deadlines are strict β€” missing them can permanently bar your recovery. Contact WIN immediately.
Can I recover from a slip and fall even if I was partially at fault?βŒ„
Yes. Illinois follows modified comparative negligence β€” you can recover as long as you were less than 51% at fault. Your recovery is reduced by your percentage of fault. For example, if you were 25% at fault and your damages are $100,000, you recover $75,000.

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