Illinois Sidewalk and Pothole Accident Lawyers

Top-Rated Attorneys For Victims Who Trip and Fall on Broken Sidewalks and Potholes

At John J. Malm & Associates, we represent clients across Illinois who have suffered serious injuries due to uneven sidewalks, disrepair, potholes, and other dangerous premises conditions. These accidents often result in broken bones, head injuries, or permanent disability, and they’re frequently preventable. Whether you tripped on a cracked city sidewalk or drove over an unmarked pothole on state property, our experienced Illinois trip and fall attorneys will fight to hold the responsible parties accountable and secure compensation for your losses.

“Sidewalk injuries and pothole-related falls are more common than people realize,” says John J. Malm, Naperville trip and fall lawyer. “We hold negligent property owners and government entities accountable when their failure to maintain safe walkways causes real harm.”

Understanding Premises Liability for Sidewalks & Potholes

In Illinois, owners and custodians of property—including municipalities, businesses, and homeowners—have a legal obligation to keep sidewalks, walkways, parking lots, and roads in a reasonably safe condition. This includes repairing raised slabs, filling potholes, trimming trees whose roots disrupt pavement, and warning pedestrians of hidden hazards. Failure to act may open them to lawsuits under premises liability law.

Legal Framework & Duty of Care

• Landowners owe a duty to invitees (e.g., customers, pedestrians) to maintain safe conditions. Injury-causing hazards like potholes or uneven surfaces can trigger liability if they were known or discoverable through reasonable inspection.
• The Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/3‑102) adds another layer to claims involving public entities: plaintiffs must show the municipality had actual or constructive notice of the hazard and lacked a reasonable inspection system.
• A key Illinois rule called the de minimis doctrine holds that raised sidewalk slabs under ~2 inches may be considered trivial—not legally actionable—unless other circumstances exist. But even slabs just 1 inch high may lead to liability under the right conditions.

How Hazardous Sidewalks & Potholes Cause Injuries

Pedestrians across Illinois face various hazards due to poor pavement conditions. Common hazards involving sidewalks and potholes include:

1. Raised slabs: Often due to tree roots or poor repair.
2. Depressions/potholes: Parking lots and roadways can develop holes that trap feet or car tires.
3. Pavement deterioration: Crumbling concrete or broken asphalt creates uneven terrain.
4. Poor lighting or obstructions: Shadows and debris reduce hazard visibility.
5. Lack of signage or warning: Omission of warning cones or barricades in known hazard zones.

These can cause: trips and falls, fractures, head injuries, scarring, vehicle damage—and even long-term mobility issues.

Illinois-Specific Statistics on Pavement-Related Injuries

There are no consolidated statewide reports on sidewalk or pothole injury counts. However:

• The Illinois Department of Public Health reported over 112,000 falls resulting in emergency department visits in 2022, with hundreds tied to sidewalks and walkways.
• Consumer studies from groups like the National Floor Safety Institute estimate that trip-and-fall incidents exceed half a million annually in Illinois, with sidewalk conditions cited as a leading cause.

These figures highlight how pervasive and serious pavement-related hazards are, but also how many victims may be unaware of their rights.

Who Can Be Held Liable for a Sidewalk or Pothole Trip and Fall Accident?

In an accident involving a defective sidewalk or pothole, multiple parties may be held responsible, including:

• Municipalities (cities, towns): Responsible for the sidewalk where they maintain control and based on notice.
• Homeowners/landlords: May be liable for private sidewalks or those abutting their property if hazards exist.
• Commercial property owners and tenants: Businesses must maintain safe ingress/egress, including sidewalks, parking lots, and driveways.
• IDOT and state/federal transportation agencies: Responsible for public roads and potholes—but only liable if notice was given and ignored.
• Constructors & contractors: When their work disrupts pavement, they can be held accountable for causing hazards.

Proving Your Sidewalk or Pothole Accident Case

To succeed in a sidewalk or pothole injury case, you must prove:

1. The defendant had control over the property.
2. A dangerous condition existed.
3. The defendant had notice of the condition.
4. You suffered injuries as a result.
5. You incurred damages such as medical bills, lost wages, and pain and suffering.

Gathering evidence quickly is key. This includes photographs, witness statements, maintenance records, and documentation of prior complaints to local authorities.

Defenses You May Face After a Trip and Fall Accident on a Sidewalk or Pothole

• De Minimis: The property owner may argue that the defect was too minor to justify liability.
• Open and Obvious: They may claim the hazard was so visible that you should have noticed it and avoided it.
• Lack of Notice: Especially for public entities, a common defense is lack of knowledge about the hazard.
• Governmental Immunity: Cities and towns may invoke statutory immunity under the Tort Immunity Act.

A skilled attorney can help overcome these defenses by showing that the condition was dangerous, foreseeable, and inadequately addressed.

What You Should Do if Injured on a Sidewalk or Pothole

1. Seek immediate medical attention and document injuries.
2. Preserve proof: Photos of the hazard, date/time, location, and environmental context.
3. Note prior reports or complaints, including 311 or municipal service requests.
4. Obtain witness statements if others saw you trip or crash.
5. Preserve records of maintenance schedules, inspection protocols, and any related communication.
6. Consult an experienced Illinois premises liability attorney promptly, particularly to preserve government notice and challenge defenses.

Why Choose John J. Malm & Associates for Your Sidewalk Accident Case?

At John J. Malm & Associates, we have extensive experience with Illinois premises liability cases, including sidewalk falls and pothole injuries. Our attorneys understand how to gather evidence, navigate immunity laws, and secure compensation for medical bills, lost income, and pain and suffering.

• We understand the nuances of municipal tort immunity and sidewalk case law.
• We routinely measure hazards, collect evidence, and retain reconstruction or engineering experts.
• We have secured substantial compensation for clients hurt in similar accidents, including settlement awards and jury verdicts against public and private entities.
• With home offices across Illinois, we serve clients statewide and know how to navigate local governments and municipal courts.

“Pavement hazards are not inevitable—they’re avoidable. We fight to ensure that public entities and property owners take responsibility for maintaining safe walkways and roadways,” says John J. Malm, Naperville trip and fall attorney

Frequently Asked Questions about Sidewalk & Pothole Injury Cases

Q: Does a raised sidewalk slab always qualify as a legal hazard?
Not always—Illinois’ de minimis rule applies to minor deviations (usually under 2 inches). However, courts consider the total situation—context and visibility when determining whether it constitutes a legal hazard.

Q: Can I sue the city if I fell on a municipal sidewalk?
Yes—if you show it had actual or constructive notice of the hazard and didn’t repair it under a reasonable inspection regime.

Q: How much time do I have to file a lawsuit?
Generally, you have two years from the date of the accident to file a personal injury claim in Illinois. However, claims against municipalities have shorter deadlines, so it is important to consult with an experienced trip and fall lawyer immediately after your accident.

Contact the Award-Winning Illinois Sidewalk Accident Lawyers at John J. Malm & Associates

If you’ve been injured due to a dangerous sidewalk condition or pothole in Illinois, don’t delay. Evidence disappears, and notice deadlines pass fast. Contact John J. Malm & Associates today for a free consultation. Let our experience protect your rights and guide your recovery.