Compensation for a Slip and Fall on Government Property in Chicago

Slip and Fall Claims Against Chicago Government Entities

A slip and fall on government property can result in serious injuries and substantial medical bills. Falling on premises maintained by government property owners, such as CTA stations, bus stops, public libraries, schools, and Cook County courthouses, is complicated by state government and federal laws. 

Slip & Fall Injury Lawyers is the premier law firm for personal injury cases that occur on city, county, state, or federal property. While the claims process against government agencies can be challenging, we will aggressively pursue compensation from the government agency responsible. 

Settlements & Verdicts Recovered by Our Chicago Law Firm

$2,600,000: Bill, a construction worker, was working on a government building near State Street when he fell on construction debris, requiring knee surgery. We held the government responsible for failing to maintain safe premises for all workers.

$2,000,000: Tracy, a young government employee, fell on an icy sidewalk and fractured her pelvis. We secured a fair settlement by proving that the government’s negligence in salting the sidewalk led to her injuries. 

Why Choose Us for Your Slip and Fall Injury Claim in Chicago

Slip & Fall Injury Lawyers is the premier personal injury firm, guiding private citizens through the legal process. We have secured over $490 million in financial compensation for clients who have suffered injuries due to another party’s negligence, earning us a place in the Million Dollar Advocates Forum. With a 10/10 AVVO rating and the prestigious Super Lawyers distinction, we are renowned for our aggressive negotiation and high success rate. 

What Causes Slip and Fall Accidents on Government Properties?

Inadequate Maintenance: Government property owners are responsible for ensuring people’s safety by maintaining safe premises, such as by clearing sidewalks of ice.

Delayed Repairs: Cracked sidewalks, broken handrails, and damaged stairs should be dealt with immediately.

Leaking HVACS or Plumbing Systems: These can lead to wet floors that could cause severe injuries. 

Poor Lighting: Inadequate lighting in stairways and other public areas can lead to significant fall accidents. 

Construction Zones: Any construction site should be properly blocked off with barriers and warning signs.

Improper Floor Cleaning: Many slip and fall accidents occur when floors are mopped without warning signs being put out.

These issues are often systemic and result from municipal agencies refusing to follow their own protocols, leading to serious accidents. 

What Are Common Injuries Sustained in Slips and Falls on Government Properties?

Slip and fall accidents are responsible for up to 15% of accidental deaths, making them a serious issue that can have long-lasting consequences. Common injuries include:

• Broken bones, particularly ankles, wrists, and hips
• Spinal cord injuries
• Head injuries and traumatic brain injuries
• Back and neck injuries, like herniated discs
• Torn ligaments and soft tissue injuries
• Facial injuries, broken teeth, and disfigurement
• Long-term mobility issues, especially after hip fractures

What Damages Can You Recover in a Government Entity Slip and Fall Case?

A personal injury claim can help you recover compensation for both economic and non-economic damages. These include:

• Medical expenses
• Out-of-pocket medical treatment
• Rehabilitation and follow-up treatment
• Future medical needs, especially for senior citizens
• Lost wages and loss of future income
• Pain and suffering
• Emotional distress
• Disability, disfigurement, or loss of normal life
• Wrongful death damages like burial expenses
• Punitive damages for reckless disregard

What Is the Average Payout for Government Property Slip and Fall Cases?

According to Law.com’s Verdict Search, the average payout for a government personal injury lawsuit or settlement is $653,560, with a median payout of $301,090. Your settlement will be determined based on the strength of the evidence, how and where the injury occurred, your overall damages, and the willingness of the government agency to negotiate. 

Example Cases

John McIlhargy, an engineering consultant, tripped and fell on a sidewalk, resulting in herniated discs. His neck injuries were so severe that he could not hold a coffee cup in his affected hand before surgery. A jury awarded him $2,417,000.00. 

Shaline Persaud, a home health aide, dislocated and fractured her elbow when she fell in the subway. She required open reduction surgery, physical therapy, and ongoing treatment to improve her range of motion. Persaud was awarded $1,800,000.00 by a jury. 

Why You Need a Chicago Slip and Fall Accident Lawyer

Unlike personal injury cases against private entities, there are strict requirements for filing claims against government agencies for injuries occurring on public property. The Illinois Tort Immunity Act (745 ILCS 10/) broadly protects government entities from lawsuits, and these agencies will aggressively deny their liability. 

Furthermore, local, state, and federal government entities have far more resources than a private party and will use everything possible to reduce your payout. Thankfully, we can subpoena the government for city records, maintenance logs, surveillance footage, and employee statements that will support your administrative claim. We’ll also gather evidence, file claims with the correct court, and negotiate with the insurance company. 

Which Government Entity Premises Do Slips and Falls Occur Most Often in Chicago?

Common locations for accidents include:

• Chicago Transit Authority (CTA) stations, platforms, and bus stops
• City-maintained sidewalks, such as near schools and municipal buildings
• State and federal court buildings, including jails
• Chicago Public School buildings (CPS)
• Park District recreational facilities, such as swimming pools and fieldhouses
• Chicago Housing Authority apartment complexes
• State of Illinois buildings, like the Thompson Center

What Laws Govern Slip and Fall Claims Against Government Entities in Chicago?

Any accident occurring on someone’s property is governed by the Illinois Premises Liability Act, which allows victims to seek damages if another person’s negligence has resulted in their injuries (740 ILCS 130/). 

However, the Local Governmental and Governmental Employees Tort Immunity Act restricts the types of claims that citizens can make against state and municipal entities, including Chicago Public Schools, the CTA, and other government property (745 ILCS 10/). 

There is a higher standard of proof, and it must be demonstrated that there was significant negligence. The Federal Tort Claims Act also restricts claims for injuries on federal government property. You must go through an administrative claim process before filing.

Case law also determines what government entities can and cannot be held accountable for. In the Illinois Supreme Court Case Bubb v. Springfield School Dist. 186 determined that school districts cannot be held accountable for accidents that occur in recreational areas, even if that area is a sidewalk used for other purposes. 

How Long Do I Have to Take Legal Action Against a Government Entity in Illinois?

There is typically a one-year filing deadline for these cases (745 ILCS 10/8-101), which is shorter than the standard two-year deadline for personal injury claims. You must also file a notice of claim with the correct address of the agency before filing a lawsuit. 

Acting quickly can help ensure that you secure compensation for your accident, so please contact us as soon as possible for a free consultation. 

Which Government Agencies Can Be Held Liable for a Slip and Fall in Chicago?

We can hold a variety of government entities accountable for your injuries, including:

• City of Chicago
• Cook County
• Illinois Department of Transportation (IDOT)
• Chicago Park District
• Chicago Public Schools and other school districts
• Public building contractors for construction site accidents

Common Defenses in Government Slip and Fall Claims

Government property administrators will do everything to diminish their own liability. These are some of their most common defenses, and how we will prove each one wrong.

• Government Immunity: While the government can be immune from many claims, we can demonstrate that this was reckless negligence and not covered by the Tort Immunity Act.
• Late Claims: We will file your claim within one year to ensure that procedural issues don’t diminish your claim.
• Discretionary Function: The liable party might argue that delayed repairs were due to budgetary issues. We can use government documents to demonstrate this is not true. 
• Open and Obvious Hazard: This implies that you were to blame for not noticing the problem, but we can use internal reports and witness statements to prove it was not obvious.
• Lack of Notice: Defendants can claim they were not aware of the problem, but we can use 311 complaint logs to show this was a recurring issue. 

How to Strengthen Your Government Slip and Fall Case in Chicago

Arguing a case for injuries on property owned by the government is very challenging, making it essential that you follow these steps as soon as possible.

• Seek immediate medical care from the closest emergency room.
• Document the accident scene through photos and videos.
• Report the accident to the government agency and request a copy of the incident report.
• Ask for contact details of all witnesses, including government employees.
• Do not speak to government representatives or insurance companies without your attorney present.
• Contact an attorney skilled at litigating accident cases on public property. 

How a Chicago Slip and Fall Attorney Can Help

We can help you with the following needs:

• Filing a timely claim
• Investigating maintenance records
• Subpoenaing inspection reports and 311 records
• Interviewing witnesses and experts
• Challenging common immunity defenses
• Negotiating with insurance companies or filing a lawsuit

FAQs

Can I sue the City of Chicago for a fall on a sidewalk?

It’s possible to file injury claims against the City of Chicago. However, you must prove that the agency had actual or constructive notice of the issue before your accident. 

What if my fall happened at a CTA station?

The CTA is a separate agency from the government, meaning there are different filing deadlines and rules. However, we have a peerless track record of seeking compensation against the CTA and will guide you through the entire case. 

What is the deadline for suing a public entity in Illinois?

In general, you must give a formal Notice of Claim within 1 year, though some agencies have even stricter timelines. Contact an attorney as soon as possible. 

Are government agencies immune from all injury lawsuits?

While the state and federal Tort Claims Acts protect government entities from lawsuits, sovereign immunity has its limits. If we can demonstrate negligence, it’s possible to seek compensation successfully. 

How much does an attorney cost?

We work on a contingency fee basis, meaning that our attorney fees are deducted from your settlement or verdict. You do not owe anything upfront. 

How do I prove negligence?

To prove negligence, you must demonstrate that the liable party had an obligation to protect you but failed to uphold their legal duty. This led to your injuries and associated damages. These four factors are referred to as duty of care, breach of duty, causation, and damages. 

Book a Free Consultation

Our top-rated attorneys will take swift action according to state deadlines to give you the best chance at compensation. We offer free consultations and work on a contingency fee basis, making quality legal representation available for all. Call today to discuss your legal rights.