How Do I Know If I Can File a Slip-and-Fall Claim?

 Posted on May 07, 2025 in Slip and Fall

You may know that if you are injured by slipping or tripping and falling on someone else’s property, you might be entitled to compensation through a premises liability claim. However, you need to prove various facts for your claim to be successful. Slip and fall cases can be tricky, so it is best to work with one of our experienced Schaumburg, IL slip-and-fall attorneys if you hope to receive as much as you deserve.

What Is the Illinois Premises Liability Act?

Illinois law requires property owners to use reasonable care to maintain safe premises for invitees and licensees. Invitees are those who are on a property for business purposes, such as a delivery person, a retail shopper, a restaurant diner, or a contractor working on a property. Licensees are people who are on a property for social or non-business-related purposes. Both groups are welcome on the property, unlike trespassers.

A property owner or occupier does not owe this same duty of care to adult trespassers, although wanton or willful conduct that endangers a trespasser’s safety is forbidden. Children typically are not considered trespassers because they may not understand boundaries and safety hazards.

What Causes Slip and Fall Accidents?

What does all that mean for a slip-and-fall accident? The responsible party for a property should take care to address risk factors that are likely to cause a fall, such as:

• Uneven, loose, or broken flooring or pavement
• Loose or missing handrails on staircases
• Inadequate lighting
• Objects left in walkways, such as power cords or boxes
• Promptly mopping or otherwise addressing slick surfaces

When prompt and proper action is not taken, injuries can result. Every year, over one million ER visits are due to slip and fall accidents. However, proving fault and establishing liability in these cases is challenging. A successful claim could provide funds to address your lost wages, medical expenses, and other related losses.

What Do I Have to Prove to File a Slip and Fall Accident Claim?

The most challenging factor in a slip and fall claim is proving negligence. In a slip and fall case, negligence is that the responsible party knew or should have known about the hazard, had enough time to address it, and failed to take proper action. Appropriate precautions include restricting access to the hazardous area, placing signs warning of the danger, and repairing the hazard.

Not every fall is eligible for compensation. For example, suppose a slick floor in a grocery store causes you to slip and fall. If the floor is wet due to a known cooler leak, you are probably eligible to file a claim because store management should have stopped the leak or placed hazard signs beside it. However, if a child next to you spills a drink and you immediately slip, the store manager has no way of knowing about the spill and has no time to address it. In that case, you may not qualify for compensation.

You also need evidence that you were on the property legally as an invitee or licensee and that your injuries and resulting damages are the direct result of the responsible party’s negligence. The best way to determine whether you can file a slip and fall claim is to call our office. Our knowledgeable attorneys can assess your case during a free consultation.

Call Our Skilled Arlington Heights, IL Slip and Fall Accident Lawyers

When you are injured by a property owner’s or occupier’s negligence, the determined Rolling Meadows, IL premises liability attorneys at Newland & Newland, LLP will fight to maximize your compensation. Contact us at 847-797-8000 or online today.