Can I Sue If I Fell on a Broken Sidewalk in Illinois?

 Posted on July 31, 2025 in Slip and Fall

Sidewalks are meant to provide a safe path for pedestrians, but broken or crumbling concrete can quickly turn a short walk into a medical emergency. If you were injured in a fall caused by a broken sidewalk, you may be wondering whether anyone is legally responsible for your injuries and damages. 

The answer depends on who owns or controls the stretch of sidewalk where you fell, and whether they failed in their legal duty to maintain it. A dedicated Schaumburg, IL personal injury lawyer can review the details of your specific case to advise you on how you may want to proceed.

Who Is Responsible for Fixing a Broken Sidewalk in Illinois?

Sidewalk maintenance responsibility in Illinois can vary depending on the location of the sidewalk. In many towns and cities, sidewalks are owned by the local municipality, even if they run alongside private property. That does not necessarily mean the city is always liable when a sidewalk is dangerous.

Under the Illinois Tort Immunity Act, specifically 745 ILCS 10/3-102, public entities like cities and towns can only be held liable for injuries caused by public property if they had actual or constructive notice of the problem and failed to fix or otherwise address it within a reasonable amount of time. In other words, you cannot win a case just because the sidewalk was broken; you must prove the city knew or should have known it needed repair.

How Do You Prove Negligence in a Sidewalk Injury Case?

Even though the legal standard is high, injured people can and do win these cases with the right evidence. A skilled personal injury attorney will investigate your case and try to get answers to several important questions, including:

• Was the sidewalk visibly broken or crumbling?

• How long did the condition exist before your fall?

• Had the city or property owner been notified?

• Did the defect violate local ordinances or safety codes?

• How severe are your injuries, and how do they affect your life?

In some cases, if the sidewalk is on or runs next to private property and the hazard was created or knowingly ignored by the owner of that property, they might share legal responsibility. That includes commercial property owners who fail to address dangerous conditions created by trees, construction, or improper drainage near their storefronts.

What Damages Can You Recover in an Illinois Sidewalk Injury Lawsuit?

If you can demonstrate that another party’s negligence caused your fall, you may be able to recover financial compensation for medical bills for both current and future care, lost wages from missed work, pain and suffering, and ongoing disability or loss of mobility. Documenting the extent of your injuries and getting timely legal advice is crucial. Many cities have short deadlines for filing notices of injury, especially when suing a municipality, so do not wait to get help.

Contact a Palatine, IL Sidewalk Injury Attorney

At Newland & Newland, LLP, our attorneys have spent decades helping injured clients recover damages for serious falls and other accidents. We have recovered millions of dollars in verdicts and settlements, and take pride in standing up for our community members. We offer free consultations and are dedicated to getting our clients the compensation they deserve. If you fell on a broken sidewalk, call 847-797-8000 to discuss your legal options with a Schaumburg, IL personal injury lawyer today.