A slip and fall in a store, such as a retail store along Milwaukee Avenue, can lead to significant injury and high expenses. Our experienced personal injury lawyers will hold property owners accountable through a premises liability claim, ensuring you receive maximum compensation. Contact us today for a free consultation about the legal process.
$1,500,000: Miles fell down a staircase that did not adhere to Chicago building codes. We proved that the slip and fall accident was due to this negligence.
$1,200,000: Maya slipped and fell on spilled food in a Chicago store, breaking her arm. We proved that the store owner’s negligent cleaning schedules caused the accident.
$835,100: Samantha fell down a poorly maintained staircase in a Chicago property. We held the property owners accountable for their negligent maintenance.
With a 98% success rate, our attorneys have recovered fair compensation for over 5,000 clients over the past 25 years. We have secured more than $490 million in settlements for injured parties, including those harmed by negligent business owners.
Our firm has a 10/10 AVVO rating and is a member of the Million Dollar Advocates Forum, representing our dedication to seeking compensation and ongoing legal scholarship.
Potential hazards found in retail stores, department stores, shopping malls, and grocery stores include the following.
Trip and fall incidents can lead to serious injuries and expensive medical treatment. Common injuries include:
Our team will fight hard to secure compensation from the store’s insurance company, ensuring that store owners are held responsible for failing to maintain safe premises. You may receive both economic and non-economic damages, including the following.
Using your medical records and expenses, we can recover compensation for the following:
Our attorneys will speak to medical professionals who can help us evaluate what future needs you may have.
Your personal injury claim can compensate you for your lost wages and any loss of income due to permanent disability. If this is a wrongful death case, we will help the family recover compensation for their loved one’s future earnings.
Slip and fall victims often deal with severe pain and social limitations due to their injuries. Compensation we can secure for the injured party includes:
The average slip and fall settlement in Chicago is $377,915, with a median settlement of $128,300. Your settlement will depend on the strength of the evidence, your overall expenses, the applicable insurance policy, and whether you have a skilled attorney.
Anne Marie Davidson was exiting the Park West Hair Salon on Lincoln Ave. in Chicago when she pulled on a broken door handle. It came off in her hand, leading her to fall and break her hip. She required three surgeries and 10 months of physical therapy to recover. Her attorneys were able to prove negligence and secure her $300,000.00.
Constance Kusar, 72, was shopping at CVS Pharmacy in Belvidere when she slipped in the icy parking lot. Kusar suffered a fractured wrist, which required multiple surgeries and left her with lasting pain. The defendants agreed to settle out of court for $645,000.00.
These premises liability cases are challenging because store owners will deny notice of hazardous conditions or refuse to release surveillance footage and maintenance records. Additionally, corporate insurers have high-powered legal teams that will fight to deny liability.
Thanks to our years of experience with the Circuit Court of Cook County and familiarity with local premises liability laws, we can effectively negotiate a fair settlement while ensuring all necessary paperwork is filed correctly.
While these accidents can happen anywhere, they are more common in certain locations, including the following.
The Illinois Premises Liability Act requires property owners to take reasonable precautions for a safe environment and to warn visitors about potential hazards (740 ILCS 130/). To establish liability, we must demonstrate that the property owner owed you a duty of care. This means that you were legally allowed on the premises and that your actions were not the primary cause of the accident.
Property owners cannot be held liable for open and obvious dangers or those that occur due to natural circumstances. For example, the Illinois Supreme Court case Reed v. Galaxy Holdings found that a laundromat could not be held accountable for an accident that occurred due to wet floors caused by tracked-in mud. The court established that the laundromat had taken reasonable measures to prevent accidents by placing a floor mat down, and the floor mat slipping wasn’t their fault.
Local laws can also establish the store owner’s negligence. In Chicago, property owners are required to keep their stairs in good condition and secure all railings; they must also ensure that stair risers are the correct height and have adequate tread (13-196-570).
Lastly, Illinois uses comparative negligence to determine fault (735 ILCS 5/2-1116). Everyone involved in a lawsuit will be assigned a portion of the blame. If you are considered less than 50% responsible, you can claim compensation, but your percentage of blame will reduce your settlement.
Illinois has a two-year statute of limitations for personal injury cases (735 ILCS 5/13-202). You must file before this deadline if you want to receive compensation. Contact the best Chicago personal injury firm as soon as possible to ensure we can file in time.
Our attorneys can hold a variety of parties responsible for a premises liability claim, including the following individuals and organizations.
Store Owners: The company owner’s negligence may result from failing to supervise employees, to maintain the property, or to respond promptly to complaints.
Property Owners: Some retail store owners do not own the building, but lease it. In this instance, the landlord or property manager can be held accountable for failing to keep guests safe from dangerous conditions on the premises.
Property Managers: Maintenance companies or management firms may be responsible for maintenance deficiencies that caused the accident. For example, if you slipped on a cracked tile or threadbare rug, the management company should have identified this deficiency and fixed it.
Mall Operators: While malls are made of restaurants, retail stores, and other services, the store owner is not responsible for common areas; the mall operator must maintain these. If you were hurt outside of a store, such as tripping on the escalator at Water Tower Place, then you can sue the operator.
National Chains: Stores like Target, CVS, Walgreens, Home Depot, and PetSmart are required to maintain safe premises in all their locations, including promptly rectifying any issues that store managers bring to their attention.
Individuals: In some cases, you may have been hurt because of an individual, such as someone pushing past you in an aisle or hitting you with a cart. This individual could be party to the suit as well.
Manufacturers: While retail store managers and owners are typically responsible for all maintenance on their premises, in some cases, it is manufacturer defects that caused the problem. For example, if you slipped on linoleum tile, and it was proven that the linoleum had a manufacturing flaw that caused it to delaminate, the manufacturer could be held liable, too.
Insurance providers will do everything possible to reduce your compensation and keep their clients from being held liable. Our top-rated attorneys will skillfully counter these claims.
Lowball Offer: Insurers want to get your case with as soon as possible, so they may reach out immediately and offer a low sum. They are relying on the fact that most people don’t know how much a personal injury settlement is worth. Never speak to insurance without an attorney, and always allow us to look over settlement agreements before you sign anything.
Open and Obvious Hazardous Condition: The open and obvious doctrine means that anyone would have noticed the defect and taken precautions to avoid it. However, the insurance agency may insist that something is open and obvious when the average person would not have identified such a problem. We will demonstrate that the hazardous condition is not obvious.
Lack of Causation: This argument claims that your injuries were not caused by the accident but by something else, or that the cause of the accident was a trivial defect. This can be countered by showing surveillance footage of the accident, consulting with experts in accident reconstruction, and using maintenance records.
No Actual or Constructive Notice: To be held responsible under premises liability laws, the property owner must know of the problem and refuse to fix it. This could be actual notice, such as an employee reporting a spill, or constructive notice, meaning that if they were paying attention to their property, they would have identified the problem. Using maintenance records, private communications, or photos of the scene, we can demonstrate that the owner would have been aware if they were paying attention.
Distraction: The defendant’s insurance could argue that you were not paying adequate attention to your surroundings, and therefore, you are primarily liable for the accident. For example, you may have been talking on the phone, looking up at the ceiling, or chatting with a friend. We can subpoena the store for surveillance footage that will show what you were doing right before you fell and how this could not be counted as a distraction.
Proof of Warning Signs: A “wet floor” sign could serve as evidence that the property owner attempted to warn others of potential issues, and that ignoring the sign would be your fault. We can use witness statements, photos of the scene, surveillance footage, or accident reports to demonstrate that either there was no sign, or that it was an insufficient warning.
Comparative Negligence: As mentioned, Illinois uses comparative negligence to determine who can file a claim. If you are not more than 50% responsible, you can pursue compensation. However, the other party will insist that you were the primary cause of the accident. We will use evidence to show that while you may have contributed to the condition, your actions were not the primary issue.
Assumption of Risk: Stores will attempt to argue that you assumed the risk of injury by visiting their store. However, we will argue that your injuries are inconsistent with this argument, such as by proving that if the property were in good condition, this wouldn’t have happened.
Downplaying Injury Severity: Insurers will attempt to claim that you were not as badly injured as you state. They may prove this by putting you under surveillance and trying to show you engaging in everyday activities. Our slip and fall attorneys will use doctor testimony and medical records to show that your injuries are severe and directly caused by the incident.
Preexisting Conditions: In some cases, the insurer will not dispute that you were hurt, but they will argue that your injuries would not have been as severe if you didn’t have an underlying medical condition. For example, if you had hip replacement surgery before the incident, then they could claim that your balance was compromised. We can work with doctors and other healthcare professionals to dispute this.
Procedural Defenses: Insurers may stall for time by filing motions for extensions or argue that you did not file in time. Working with an excellent attorney will help you avoid these problems, as we will file your case on time and adhere to all procedural rules.
Your actions directly after the accident can make a significant difference in whether you secure compensation. Follow these steps as soon as possible.
Get Medical Treatment: Visit the closest emergency room, such as Northwestern Memorial Hospital, for a full exam.
Inform the Owner: Inform the store manager or owner of the accident and request an incident report. Make sure to get everything in writing, as this ensures that they cannot claim you never told them.
Gather Evidence: Secure photos and videos of the accident scene that will prove the circumstances surrounding your accident. Get contact information for witnesses, such as other guests or store workers. Write down dates, times, and locations, as well as a narrative of the event.
Preserve Your Footwear and Clothing: In many premises liability cases, the defendant will claim that you slipped and fell because of what you were wearing, like ballet flats. A slip and fall lawyer can demonstrate otherwise by producing the footwear.
Collect Information: Document your recovery through pictures and personal narratives. Gather information about your expenses, such as medical expenses, lost wages, out-of-pocket treatments, transportation costs, and other bills.
Maintain Your Treatment Regimen: The defense may claim that you did not follow your continuation of care plan, and therefore, you did not do enough to mitigate your damages. It’s crucial that you follow your doctor’s orders, such as going to physical therapy or getting necessary treatments.
Do Not Speak to Insurance Agents: Insurance adjusters will do everything possible to diminish your claim, such as if you apologize for the inconvenience or state you’re fine. Additionally, they could put you under surveillance or try to glean details about your treatment. Never speak to third parties without an attorney present.
Talk to a Lawyer: Contact the best premises liability attorneys available for a legal consultation. We will determine whether you have a case, what kinds of damages you can recover, and who may be liable.
Our experienced attorneys can assist you with every aspect of a personal injury lawsuit. We will meticulously review your case,
Case Evaluation: First, we will determine whether you have a valid premises liability case under Illinois law and how much you may be able to receive based on your expenses. We will use settlement calculators to identify your non-economic damages, like pain and suffering or emotional distress.
Establishing Liability: Using case precedent, local laws, case law, evidence, and expert testimony, we can prove who is liable and why.
Communicating With Third Parties: Our team will handle communications with insurance agents, landlords, managers, and other witnesses so that you can focus on recovery. This also ensures that you do not accidentally damage your case by claiming fault or accepting a lowball settlement.
Preserving Evidence: Evidence may quickly disappear, either due to the property owner attempting to cover up their liability or simple misplacement. Additionally, key witnesses may forget important information as time passes. We will preserve incident reports, maintenance records, surveillance footage, photos and videos, and physical evidence.
Filing Paperwork: Our top-rated legal experts will file the correct complaints with the Circuit Court of Cook County and write a demand letter for the insurance carrier, explaining what damages you should receive and why.
Negotiating with Insurance: Working with an attorney can ensure you receive maximum compensation, as we are familiar with insurance tactics and what a case like yours is worth. Through our aggressive negotiation, we push for a fair settlement that covers both current expenses and future needs.
Trial Representation: Many premises liability cases settle out of court because lawsuits are expensive and time-consuming. However, sometimes it’s necessary to file a lawsuit and take your case before a judge and jury. We will handle this entire process, including communicating with the other parties, sharing evidence, filing motions, and sharing your story with a judge and jury.
Our team works on a contingency fee basis, meaning you owe us nothing unless we secure compensation.
Any invitee can make a premises liability claim if they can prove the store owner’s negligence. This includes shoppers, customers, vendors, third-party contractors, and guests.
Our skilled slip and fall attorneys work on a contingency fee basis, ensuring you owe us nothing unless we earn you compensation. We have a 98% success rate and are a Super Lawyers-rated law firm. To speak to a top-rated attorney about your slip and fall accident, call us for a complimentary consultation.