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Bolingbrook Premises Liability Lawyers

Trusted Injury Attorneys for Victims of Trip and Falls and Slip and Falls

Premises liability cases arise when someone is injured on another person’s property because the property owner or manager failed to keep the premises reasonably safe. In Bolingbrook, a growing village of roughly 74,000 people in Will County, slips, trips, falls, inadequate security, dog bites, and other hazards produce serious injuries and sometimes complex litigation.

pothole accident

At John J. Malm & Associates, we’ve built our reputation on helping injury victims throughout Bolingbrook and Will County hold negligent property owners accountable. With decades of combined experience in Illinois premises liability law, our team has recovered millions of dollars for clients injured in slip and falls, unsafe retail conditions, negligent security assaults, and other preventable incidents on unsafe properties. We know the tactics large insurance companies use to deny or delay claims and our Bolingbrook slip and fall accident lawyers use proven strategies, expert investigations, and aggressive advocacy to fight back. If you’ve suffered an injury on someone else’s property in Bolingbrook, you don’t have to face the legal system alone. We’re here to protect your rights, uncover the truth, and secure the full compensation you deserve.

“Premises liability cases are won or lost on preparation. In Bolingbrook, the difference between a lowball offer and full compensation is often the quality of the investigation, such as photographs, vendor and maintenance records, witness testimony, and timely preservation requests. When people get hurt on someone else’s property, they deserve advocates who know how to collect the evidence, value future care, and hold negligent owners accountable.” — John J. Malm, Bolingbrook trip and fall injury lawyer

Bolingbrook and the Local Context

Bolingbrook is a major suburban community in Will County with substantial residential, retail, and industrial development. Recent population estimates place Bolingbrook at approximately 73,800–75,000 residents, with a median household income above the state average, factors that affect both the volume of foot traffic and the economic stakes in local injury claims. Bolingbrook’s commercial corridors, apartment complexes, parks, and regional shopping centers create the everyday settings where premises injuries occur.

Illinois premises liability claims are grounded in negligence law. To recover, a plaintiff generally must show that:

  • the defendant (owner, occupier, or manager) owed a duty of care to the plaintiff under the circumstances;
  • the defendant breached that duty by failing to exercise reasonable care (for example, by leaving a hazardous condition unaddressed);
  • the breach was the proximate cause of the injury; and
  • the plaintiff suffered actual damages (medical bills, lost wages, pain and suffering).

Illinois applies a modified comparative negligence rule: a plaintiff’s recovery is reduced by their percentage of fault, and the plaintiff is barred from recovery if their fault exceeds 50%. The statute codifying Illinois comparative-fault principles and damage allocation is central to how judges and juries allocate responsibility in premises cases. This rule means early fact-gathering about the victim’s conduct and the property owner’s steps to warn or correct hazards can be determinative.

Common Types of Premises Liability Claims in Bolingbrook

Premises liability is broad and includes many accident types. The most common categories encountered in Bolingbrook include:

  • Slip and falls on wet or icy sidewalks, parking lots, stairways, or store aisles.
  • Trip and falls over uneven pavement, missing handrails, torn carpeting, or unmarked level changes.
  • Negligent security claims after assaults, robberies, or assaults in parking lots, multi-unit housing, or commercial properties.
  • Dog bites and animal attacks occurring on private property or in common areas.
  • Pool and recreational-area accidents from lack of lifeguards, defective fencing, or inadequate warnings.
  • Elevator, escalator, or machinery-related injuries where maintenance and inspection were inadequate.

Each category has its own evidentiary angles: for wet floors, the timing of a store employee’s inspection; for icy sidewalks, whether the municipality or landlord had notice and failed to clear the hazard; for security cases, whether the landlord or business had prior incidents and failed to take reasonable protective measures.

Falls are a leading cause of injury across the state, especially among older adults. State and federal injury data show falls are a major contributor to emergency department visits and injury deaths in Illinois. Nationally, older-adult falls are extremely common, with estimates showing over 14 million older adults report falling each year, and these statistics translate to a significant volume of claims for property owners who fail to maintain safe conditions for vulnerable visitors. That demographic reality makes careful property maintenance crucial in Bolingbrook locations frequented by seniors, families, and large numbers of shoppers.

How Slip and Fall Damages are Calculated in Bolingbrook

Damages in premises liability cases fall into two broad categories:

  • Economic damages: past and future medical expenses, lost income, rehabilitation costs, home modification costs, and out-of-pocket expenses.
  • Non-economic damages: pain and suffering, loss of enjoyment of life, disfigurement, emotional distress, and loss of consortium.

Illinois law and jury instructions guide the calculation of both categories. When life-long care is necessary (for example, after fractures, traumatic brain injuries, spinal cord injuries, or severe soft-tissue injuries), attorneys will often retain economic experts to calculate future medical costs and a life-care plan so settlements or verdicts fairly compensate for lifelong needs. Comparative negligence and policy limits will affect what the plaintiff ultimately recovers.

Who Can Be Liable in a Bolingbrook Premises Case?

Liability may attach to multiple parties depending on who controlled the property and the hazard:

  • Individual homeowners or tenants who control a private property.
  • Commercial property owners and property management companies responsible for maintenance and inspections.
  • Businesses (retailers, restaurants, grocery chains) that invite customers onto their premises.
  • Municipalities for public sidewalks and parks, though claims against municipalities can involve special notice rules or immunities and require precise procedural compliance.
  • Condominium associations, landlords, and building managers for common-area hazards.

Identifying all potentially responsible parties is a fundamental step in maximizing recovery, especially when insurance policy limits or the defendant’s solvency is limited. Public record searches, tenant agreements, repair/maintenance contracts, and municipal responsibility maps are common investigative tools used by attorneys to identify potentially liable parties.

Typical Defenses Bolingbrook Property Owners and Insurers Assert

Property owners and insurers commonly raise several defenses in premises cases, including:

  • Comparative fault: arguing the injured person was negligent (e.g., distracted, wearing inappropriate footwear, or behaving recklessly).
  • Lack of notice: claiming the owner had no actual or constructive notice of the hazardous condition (no reasonable time to discover and correct it).
  • Open and obvious doctrine: asserting the hazard was obvious and the plaintiff should have appreciated the danger.
  • Policy or contract exclusions: in some commercial arrangements, liability can be limited contractually between entities.

Anticipating these defenses and neutralizing them with timely evidence (surveillance video, witness statements, maintenance logs, weather reports) is essential to overcoming insurer resistance.

Evidence and Investigation of Bolingbrook Premises Liability Cases

Successful premises cases hinge on effective investigation. Important evidence includes:

  • Photographs of the hazard, the surrounding environment, and your injuries (take these immediately).
  • Surveillance video from the property or nearby businesses.
  • Incident and maintenance records (inspection logs, repair tickets, incident reports).
  • Witness statements and contact information.
  • Medical records showing treatment, diagnosis, and prognosis.
  • Weather reports and municipal maintenance logs for sidewalk or parking-lot hazards.
  • Prior incident reports showing a pattern or prior complaints.

Collecting and preserving evidence quickly is crucial. Memories fade and surveillance footage is often overwritten after a few days. Attorneys experienced in Will County cases know how to issue preservation letters and subpoenas to secure critical proof before it disappears.

Practical Steps to Take After an Injury in Bolingbrook

If you are injured on someone else’s property, follow these steps to protect your health and legal rights:

  • Seek medical attention immediately and follow all medical advice.
  • Photograph your injuries and the scene as soon as it is safe to do so.
  • Report the incident to the property owner, manager, or business and ask for a written incident report and a copy.
  • Get contact information for any witnesses and note their observations.
  • Preserve clothing and shoes worn at the time of injury.
  • Report dog bites to the local animal-control agency and get the report number.
  • Avoid posting about the incident or your injuries on social media.
  • Contact an experienced Bolingbrook premises liability attorney early. We can help preserve evidence and advise on deadlines and potential defendants.

Damages and Insurance Coverage After a Bolingbrook Slip and Fall Accident

Many premises cases resolve through insurance: homeowner’s, renter’s, commercial general liability, or umbrella policies. Plaintiffs must identify all available insurance sources early because policy limits can determine settlement strategy. If policy limits are insufficient for severe injuries, attorneys may pursue additional defendants (property owners, management companies, contractors) or consider bad-faith claims in appropriate circumstances. Knowing the insurance landscape in Will County properties and the timing for tendering policy limits can materially improve client outcomes.

Bringing a Premises Liability Claim in Will County

Will County civil cases, including premises liability suits, are handled through the 12th Judicial Circuit. The Will County Circuit Court and the Circuit Clerk’s office manage filings, case lookup, and court calendars. Attorneys commonly use the clerk’s public access portal for preliminary research, and local counsel will be familiar with the judges, local rules, and ADR/arbitration procedures that can shape case strategy. If the incident occurred in Bolingbrook, counsel will evaluate whether municipal notice requirements or local ordinances apply (for example, sidewalk maintenance or snow/ice removal responsibilities).

Frequently Asked Questions about Bolingbrook Premises Liability Cases

Q: How long do I have to file a premises liability lawsuit in Illinois?
A: The statute of limitations for most personal injury (including premises liability) actions in Illinois is two years from the date of injury. Missing that deadline can bar recovery, so it’s critical to consult counsel promptly. (Exceptions exist for minor plaintiffs and other special circumstances.)

Q: Will my case go to trial?
A: Many premises cases settle before trial, but serious injuries, disputed liability, or inadequate offers can lead to litigation. A skilled attorney will evaluate settlement offers against projected trial outcomes and insurance limits to recommend the best course.

Q: What if I was partly at fault?
A: Illinois uses modified comparative negligence: your recovery is reduced by your percentage of fault, and you cannot recover if you are more than 50% at fault. Documenting the property owner’s failures can reduce the risk of an adverse fault allocation.

Q: Who pays for my medical bills while my case is pending?
A: Initially you should use your own health insurance or Medicare/Medicaid if available. Your attorney can pursue reimbursement from the at-fault party’s insurance once liability is established or a settlement is reached; in many cases, liens or subrogation claims must be negotiated and resolved.

Contact the Respected Bolingbrook Slip and Fall Accident Attorneys at John J. Malm & Associates

Premises liability cases in Bolingbrook can be high-stakes: the combination of serious injuries, multiple potential defendants, and insurance-policy limits means careful legal work is necessary to maximize recovery. Whether you slipped on ice outside a local store, fell due to a defective stairway in an apartment complex, or were injured in a parking lot due to negligent security, you’re entitled to answers, accountability, and compensation.

At John J. Malm & Associates, we know what it takes to win these complex cases and we refuse to settle for less than our clients deserve. Our Bolingbrook premises liability attorneys will investigate your claim, gather critical evidence, negotiate with insurers, and, when necessary, take your case to court to protect your rights. Don’t let a negligent property owner or insurance company determine your future, contact us today to schedule your free, no-obligation consultation. Let our experienced legal team fight for you and help you move forward with confidence.

Client Reviews

"The Malm law firm is extremely professional and friendly. I would definitely refer others to this law firm."

D.K., Naperville, IL

"John, thank you again for all your hard work and dedication to my case. I really appreciated knowing I did not need to worry about anything and that my case was in good hands. It was so nice to have a peace of mind the entire time."

J.O., Naperville, IL

What can I say besides thank you for all you did. You handled my car accident case well -- with experience, knowledge and patience. You are an absolutely great attorney. You have made it possible for me to start living a normal life again. Thank you again, God Bless.

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T.D., Aurora, IL

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