Living in Schaumburg, we’re surrounded by busy shopping centers, restaurants, grocery stores, and office buildings. From Woodfield Mall to local businesses in Arlington Heights, Buffalo Grove, and Elk Grove Village, accidents can happen anywhere. Slip and fall injuries may seem like minor events at first, but they often lead to serious harm, broken bones, spinal injuries, or even long-term disability.
As a Schaumburg personal injury attorney, I’ve seen how these accidents affect people’s lives and how property owners often try to avoid responsibility.
If you’ve been hurt in a slip and fall in Schaumburg, Palatine, Des Plaines, or Rolling Meadows, it’s important to understand how Illinois law works and what you need to prove in order to hold a negligent property owner accountable.
Illinois law requires that property owners keep their premises in a reasonably safe condition. This obligation is explained under the Illinois Premises Liability Act(740 ILCS 130/2), which states that property owners and occupiers must exercise reasonable care to protect people lawfully on their property from conditions that could cause injury.
To succeed in a claim, we must prove that:
In other words, slipping on a wet floor, icy walkway, or broken stair may lead to a valid claim if we can show that the owner failed to take reasonable action.
Evidence is everything in these cases. In Illinois, the burden of proof falls on the injured person. That’s why documenting the accident scene is so important. Photographs of the hazard, witness statements, and incident reports can all help demonstrate the property owner’s negligence.
Under Illinois law, comparative negligence (735 ILCS 5/2-1116) applies. This means if you are found partially responsible, for example, if you were distracted on your phone, your compensation could be reduced by your percentage of fault. However, if you are more than 50% at fault, you cannot recover damages. This makes it even more important to gather strong evidence that the property owner failed in their legal duty.
Even if you think your injuries are minor, seeing a doctor right away is critical. Medical documentation ties your injuries directly to the fall and prevents the insurance company from arguing that your condition came from something else. In Illinois personal injury cases, medical records often carry significant weight in proving damages.
I’ve worked with many Schaumburg residents who delayed treatment only to have the insurance company use it against them. Immediate care protects both your health and your legal rights.
Businesses and property owners often have strong legal teams and insurance companies working to limit what they pay. My job is to even the playing field. By combining evidence from the accident scene with medical reports and legal arguments grounded in Illinois statutes, we build a case that holds negligent property owners accountable.
Whether your accident happened at a large retail store in Mount Prospect, a restaurant in Palatine, or a neighbor’s property in Buffalo Grove, Illinois law gives you the right to pursue compensation for your injuries.
The first step is to get medical treatment. Your health comes first, and early care creates a record of your injuries. Next, report the accident to the property owner or manager and request a copy of the incident report if one is created. Take photos of the hazard, your injuries, and the surrounding area, and collect witness information if possible. These steps will strengthen your case if you decide to file a claim.
To prove fault, we need to show that the property owner either created the dangerous condition, knew about it and failed to fix it, or should have known about it because it existed long enough that they reasonably should have discovered it. Evidence like surveillance footage, cleaning logs, and employee testimony can help establish fault under the Illinois Premises Liability Act.
Yes, Illinois uses a modified comparative negligence rule. If you were less than 50% at fault, you can still recover compensation, but your award will be reduced by your percentage of responsibility. For example, if you were found 20% at fault and your damages totaled $100,000, you could still recover $80,000.
You may be entitled to compensation for medical bills, lost wages, future medical treatment, pain and suffering, and loss of normal life. If your injuries are permanent, damages may also cover disability or disfigurement. The exact amount depends on the severity of your injuries and the strength of your case.
Under 735 ILCS 5/13-202, the statute of limitations for personal injury claims in Illinois is generally two years from the date of the accident. Missing this deadline means you may lose your right to compensation. Acting quickly ensures that evidence is preserved and your rights are protected.
You can still bring a claim under the property owner’s homeowner’s insurance policy. Many people are hesitant to pursue these cases, but it’s important to remember that compensation typically comes from the insurance company, not directly from your friend or family member. This allows you to get the medical care and financial support you need without causing personal hardship to your loved one.
Yes. Businesses that invite customers onto their premises, such as stores and restaurants, have a heightened duty of care under Illinois law. They are expected to inspect their property regularly and correct hazards promptly. If they fail to do so and someone gets hurt, they can be held liable for negligence.
At SJ Injury Law, we understand the physical, emotional, and financial toll a slip and fall accident can take. For more than 50 years combined, our attorneys have fought for individuals and families in Schaumburg, Arlington Heights, Elk Grove Village, Palatine, Rolling Meadows, and across Illinois. We know how to hold negligent property owners accountable and demand full compensation for your injuries.
If you’ve been injured in a slip and fall accident in Schaumburg or the surrounding communities, call SJ Injury Law. Contact our Schaumburg car accident attorneyat SJ INJURY LAW by calling (847) 434-3555to receive your free consultation. We proudly serve Schaumburg, Chicago, and all of Illinois.
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