What Happens If the Insurance Company Blames Me for My Slip and Fall?

 Posted on August 14, 2025 in Slip and Fall

If you were hurt in a slip and fall accident, you might innocently assume the property owner’s insurance company will take responsibility for your injuries. Unfortunately, insurers often look for ways to avoid paying fair compensation, even by blaming you for causing your own accident. 

This tactic can make a stressful situation even more challenging, but it is important to know your rights. If you are facing this situation, speak with a Palatine, IL personal injury attorney about your legal options and how to protect your claim.

Can the Insurance Company Reduce or Deny My Compensation by Blaming Me?

Illinois follows a compensation model called modified comparative negligence, found in 735 ILCS 5/2-1116. Under this rule, the amount of money you can recover is reduced by your percentage of fault for the accident. If you are found to be more than 50 percent at fault, you cannot recover any compensation at all.

For example, if you slip on an icy walkway and suffer $50,000 in damages, but an insurance company argues that you were 30 percent at fault because you were looking at your phone when you fell, your award could be reduced by 30 percent, leaving you with $35,000.

What Tactics Do Insurance Companies Use to Blame the Victim?

Insurance companies often try to frame the accident as something you could have avoided. Some common strategies include:

• Claiming that you ignored a warning sign, such as a "Wet Floor" notice.

• Suggesting that your shoes were inappropriate for the conditions.

• Arguing that you were distracted or not watching where you were walking.

• Stating that the dangerous condition was obvious and could have been reasonably avoided.

These arguments can be intimidating, but they are not always accurate or legally sound.

How Can You Fight Back Against Unfair Blame for Your Slip and Fall?

When an insurer tries to shift blame, the most effective response is to present strong evidence. This may include photographs or videos of the scene, witness statements, maintenance records, and medical documentation showing the severity of your injuries. In Illinois, proving that the property owner knew or should have known about the dangerous condition and failed to address it is critical. An experienced slip and fall attorney can demonstrate how the hazard was not something a reasonable person could have avoided and that the property owner’s negligence was the primary cause of your injury.

What If You Were Partly Responsible for a Slip and Fall Accident in Illinois?

Even if you believe you may have been partly responsible for your accident, you should not assume you have no case. Illinois law still allows recovery as long as you are not more than 50 percent at fault. A knowledgeable attorney can work to minimize the percentage of fault assigned to you, which can significantly increase the amount you receive.

Contact a Schaumburg, IL Slip and Fall Lawyer

If the insurance company is trying to blame you for your own accident, you do not have to face the process alone. An Palatine, IL premises liability attorney at Newland & Newland, LLP can protect your rights and help you pursue the compensation you need and deserve. Our team has many decades of combined experience, has recovered millions for injured clients, and values both our community and our clients. Call us today at 847-797-8000 to schedule a free consultation.