Can You Sue a Shopping Center After Tripping in a Parking Lot in Illinois?

Shopping centers are designed for convenience, but a simple trip and fall in a parking lot can lead to serious injuries and long-term consequences. Uneven pavement, potholes, debris, poor lighting, and ice are all common hazards that can cause someone to fall. If you’ve been injured after tripping in a parking lot, you may be wondering if you can sue the shopping center or property owner. In Illinois, the answer is often yes, provided certain legal elements are met.

In this blog, we’ll explain when a shopping center can be held liable, what kinds of evidence you’ll need, how Illinois law approaches premises liability, and what damages you may be entitled to recover after a parking lot accident.

Common Trip and Fall Hazards in Shopping Center Parking Lots

Shopping center parking lots can be dangerous, especially when property managers fail to conduct regular inspections or maintenance. Some of the most common hazards fall down hazards include:

• Broken or uneven pavement
• Large potholes
• Crumbling or missing curbs
• Loose gravel or debris
• Poor lighting at night
• Ice or snow buildup (especially during winter months)
• Improper signage or lack of painted lines

Any of these hazards may form the basis of a valid premises liability claim if they contributed to your fall and injuries.

Common Injuries Resulting from Parking Lot Falls

Trip and fall injuries can range from mild to catastrophic, especially for older adults. According to the CDC, one out of every five falls results in a serious injury such as a broken bone or head trauma.

In Illinois, common injuries from parking lot falls include:

• Fractured wrists, elbows, hips, or ankles
• Concussions or traumatic brain injuries (TBIs)
• Back and neck injuries
• Torn ligaments and sprains
• Facial injuries and dental damage

Medical expenses after a trip and fall accident can mount quickly, and many victims face time off work, lasting pain, and reduced mobility.

Illinois Premises Liability Basics

Under the Illinois Premises Liability Act (740 ILCS 130), property owners and occupiers owe a duty of care to people lawfully on their property. This includes customers visiting a shopping center. Property owners are required to maintain reasonably safe conditions and either fix known hazards or warn visitors about them.

To sue a shopping center successfully, you typically must prove:

• A hazardous condition existed on the property.
• The shopping center or property owner knew or should have known about the hazard.
• They failed to fix or warn about the hazard in a reasonable amount of time.
• That failure directly caused your injury.

Actual vs. Constructive Notice

Illinois courts require that a property owner either had actual notice (they knew about the hazard) or constructive notice (they should have known through reasonable inspection). Constructive notice can be established by:

• Surveillance footage showing the hazard existed for a significant period of time.
• Maintenance logs (or lack thereof).
• Witness testimony from store employees or other customers.

The “Open and Obvious” Defense in Illinois

A common defense used by shopping centers is the “open and obvious” doctrine. Under this rule, a property owner may not be held liable for injuries caused by hazards that are so apparent a reasonable person would have noticed and avoided them.

However, there are exceptions to this defense, such as the “distraction” and “deliberate encounter” doctrines. For example:

• If you were distracted by carrying packages and didn’t notice a pothole.
• If the only way to reach your car was to step over a broken curb.

These exceptions may allow you to recover damages even if the hazard was technically visible.

Who May Be Held Liable After a Shopping Center Trip and Fall Accident?

In a typical shopping center trip and fall case, multiple parties could share liability depending on who controls and maintains the parking lot:

• The shopping center owner
• A property management company
• A tenant store, if they control a specific area
• A third-party snow or maintenance contractor

Your attorney will investigate the ownership and maintenance structure to determine who can be named in the lawsuit.

What Evidence Do You Need?

Strong evidence is essential to proving a trip and fall case. After your fall, try to gather the following:

• Photos of the hazard and surrounding area
• Contact information for any witnesses
• Surveillance footage (request it quickly before it’s deleted)
• Incident reports filed with store employees or security
• Medical records linking your injuries to the fall
• Shoes and clothing worn at the time (to counter any claim of improper footwear)

A personal injury lawyer can help collect and preserve this evidence quickly.

Damages You May Be Entitled To Recover After a Trip and Fall Accident

If you’ve been injured in a shopping center parking lot, you may be eligible to recover compensation for:

• Medical expenses (ER visits, surgery, physical therapy)
• Lost wages and lost earning capacity
• Pain and suffering
• Loss of normal life
• Disfigurement or permanent disability
• Emotional distress

What to Do After a Trip and Fall in a Shopping Center Parking Lot

If you’ve fallen in a parking lot, take the following steps to protect your legal rights:

• Seek medical attention immediately, even if you feel okay.
• Take photos of the scene before anything is repaired or altered.
• Report the incident to store staff or security.
• Get names and contact information of any witnesses.
• Do not give a recorded statement to insurance adjusters without legal representation.
• Contact an experienced Illinois premises liability attorney.

Contact John J. Malm & Associates for Help After a Parking Lot Fall

If you or a loved one has been injured after tripping in a shopping center parking lot in Illinois, you don’t have to face the insurance companies alone. At John J. Malm & Associates, our experienced Illinois trip and fall accident lawyers understand the complexities of premises liability law. We’ll work quickly to investigate your claim, preserve critical evidence, and fight for the full compensation you deserve.

We’ve helped clients across Illinois recover compensation after falls caused by negligent property owners, unsafe parking lots, and winter weather hazards. Let us put our experience to work for you.

Contact us today to schedule your free consultation. There’s no fee unless we win your case.