Premises liability in Illinois
Under the Illinois Premises Liability Act, an owner or occupier owes everyone lawfully on the property a duty of reasonable care under the circumstances (740 ILCS 130/2) — the old distinction between "invitees" and "licensees" was abolished. A wet floor with no warning, a broken stair, poor lighting, or a hazard the owner created can all support a claim — but only if the facts and the timing are documented.
Paul M. Marriett moves to preserve evidence quickly, from incident reports to surveillance video that businesses often overwrite within days.
Proving notice and fault
These cases frequently turn on whether the owner knew or should have known about the hazard. Comparative negligence applies, so expect the property's insurer to argue you weren't watching where you were going. Building the record early is how that argument gets answered.
Where these falls happen
A serious fall is rarely just clumsiness — it usually traces to a hazard the property should have addressed. The recurring ones in Chicago include:
- Wet or freshly mopped floors — with no warning sign in a store or restaurant.
- Broken stairs and missing handrails — that fail exactly when someone needs them.
- Poor lighting and uneven walkways — hidden steps, cracked pavement, and torn flooring.
- Ice and snow — with an important Illinois wrinkle. Illinois follows the "natural accumulation" rule: an owner generally is not liable for snow or ice that accumulated naturally. Liability usually requires something more — an unnatural accumulation (a leaking gutter refreezing on a walkway, a badly graded lot), a defect under the ice, or maintenance that made things worse. These cases are winnable, but the facts have to be pinned down fast.
Whether the owner acted reasonably, and what exactly caused the fall, is usually the central question. Early documentation is what answers it.
Common slip-and-fall injuries
Falls cause more serious harm than people expect, especially for older adults:
- Hip and wrist fractures — among the most common and slowest to heal.
- Head injuries and concussions — from striking the ground or a fixed object.
- Back and spine injuries — herniated discs and nerve damage.
- Shoulder and knee injuries — that can require surgery and rehabilitation.
Getting checked promptly protects both your recovery and the record of what the fall caused.
What your claim can cover
Depending on the facts, compensation in a slip-and-fall case may include:
- Emergency and ongoing medical care;
- Future treatment, surgery, and rehabilitation;
- Lost income and reduced ability to work;
- Pain, suffering, and the effect on daily life.
Paul M. Marriett builds the claim around what the injury will actually cost over time, not just the bills on hand when the insurer makes an early offer.
What a case costs
Cases like this are handled on a contingency-fee basis: no hourly bills, and the attorney fee comes out of any recovery. Clients may be responsible for litigation costs and expenses regardless of outcome — Paul M. Marriett explains exactly how that works, in writing, before you sign anything.
Frequently asked questions
Is a property owner automatically responsible if I fall?
No. You generally have to show the owner failed to use reasonable care — typically that they knew or should have known about the hazard and did not address it. Illinois' Premises Liability Act (740 ILCS 130/2) sets the standard, and documenting the condition early is key.
What duty do Illinois property owners owe?
Reasonable care under the circumstances (740 ILCS 130/2). Illinois abolished the old invitee/licensee distinction, so the same standard protects customers and social guests alike — though different rules apply to trespassers.
Can I have a claim if I slipped on ice?
It depends on the ice. Illinois' natural-accumulation rule means an owner generally is not liable for snow or ice that accumulated naturally. Claims usually succeed when something more was involved: an unnatural accumulation (like a downspout draining across a walkway), a defect hidden under the ice, or negligent maintenance. Because the distinction is so fact-specific, photograph the scene and get an attorney's read early.
What if the store says I wasn't watching where I was going?
That is a common defense. Illinois uses modified comparative fault, so you can still recover as long as you were not more than 50% at fault, with recovery reduced by your share. A documented record answers that argument.
How long do I have to file a slip-and-fall claim in Illinois?
Most Illinois injury claims must be filed within two years (735 ILCS 5/13-202) — and generally within one year if the fall happened on property owned by a local public entity, like a park district or the CTA. Because surveillance video and incident reports can disappear within days, it is best to talk with an attorney early.
How much does it cost to hire Paul for a slip-and-fall case?
These cases are handled on a contingency-fee basis: no hourly bills, and the attorney fee comes out of any recovery. Clients may be responsible for litigation costs regardless of outcome, and Paul explains exactly how that works, in writing, before you sign.