Chicago Premises Liability Lawyers

Top-Rated Injury Attorneys for Slip and Falls, Trip and Falls, and Other Accidents on Chicago Properties

At John J. Malm & Associates, our experienced Chicago premises liability attorneys help protect individuals injured on someone else’s property. Whether you slipped in a store, tripped over defective sidewalks, or fell on someone’s private land, we’re here to fight for your full recovery. Chicago—and Illinois at large—places a legal duty on property owners to maintain safe premises. If that duty is breached and injuries result, you may be entitled to compensation.

What Is Premises Liability?

“Premises liability” refers to the legal responsibility property owners owe to lawful visitors. This duty requires owners or occupants to maintain reasonably safe conditions and warn against hidden hazards to prevent injuries to people on their property.

Key Elements Under Premises Liability Law

To be successful in a premises liability claim, you must establish four main elements:

1. The owner/occupier of the property owed you a duty of care.
2. A dangerous condition existed on the premises.
3. The owner/occupier of the property knew or should have known of the dangerous condition.
4. They failed to warn or fix it, and this failure caused your injuries

Types of Premises Liability Claims in Chicago

Premises liability law in Illinois covers a wide range of incidents where unsafe property conditions cause injury. At John J. Malm & Associates, our Chicago premises liability lawyers have handled countless claims in Chicago involving many different types of hazards. Below are some of the most common types of premises liability claims we see:

Slip and Fall Accidents

These are the most common premises liability claims. They often occur on wet floors, icy sidewalks, loose carpeting, or oily surfaces. Businesses like grocery stores, restaurants, and shopping malls are frequently involved in these claims.

Trip and Fall Accidents

Similar to slip and fall claims, trip and fall cases typically involve uneven pavement, cracked sidewalks, potholes, poorly lit stairways, or unmarked obstacles on walking paths. The City of Chicago maintains thousands of miles of sidewalk, and defective sidewalk claims are common against both private property owners and the city.

Negligent Snow and Ice Removal

Chicago’s winter months bring dangerous ice and snow buildup. While Illinois law does not require removal of “natural accumulations” (under the Snow and Ice Removal Act), property owners can be held liable for unnatural accumulations, such as ice caused by faulty gutters or snow that is improperly piled near entrances.

Defective or Unsafe Stairs, Railings, and Flooring

Broken handrails, loose floorboards, or deteriorated stair treads often result in serious falls. Under the Illinois Premises Liability Act, property owners have a duty to maintain structural elements of their property in a reasonably safe condition.

Inadequate Lighting

Poor lighting can obscure hazards and contribute to falls, especially in apartment complexes, stairwells, and parking garages. Landlords and property managers must ensure common areas are well-lit to reduce risks to tenants and visitors.

Negligent Security

Property owners, especially owners of commercial properties like apartment buildings, shopping centers, and hotels, have a duty to provide adequate security. When inadequate lighting, broken locks, or a lack of security personnel contributes to a crime (such as assault or robbery), victims may have a viable claim.

Swimming Pool Accidents

Private and public pool owners must comply with strict safety regulations, including fencing and signage. Drowning and near-drowning accidents, particularly involving children, may give rise to liability under the “attractive nuisance” doctrine.

Elevator and Escalator Accidents

Malfunctioning elevators and escalators can cause crushing injuries, falls, or entrapment. Building owners and maintenance contractors can be held liable if inspections, servicing, or safety measures are neglected.

Who Can Be Held Responsible After a Chicago Fall Down Accident?

Multiple parties may face liability under the Premises Liability Act based on their control of the property:

• Property owners (both residential and commercial) are responsible for common areas.
• Business tenants or managers must maintain safety within leased spaces.
• Landlords may be responsible for hazards in lobbies, stairwells, parking lots.
• Municipalities or government entities (schools, transit authority) are responsible for maintaining public property. However, these defendants have shorter claim deadlines and stricter rules.
• Third-party contractors can be liable if hired to maintain or clear hazards.

Common Types of Injuries in Chicago Premises Cases

Premises liability incidents can result in serious harm, including:

• Fractures — wrists, hips, arms, or legs from falls.
• Head trauma, concussions, and even traumatic brain injury (TBI).
• Soft tissue damage, including strains and sprains.
• Spinal injuries — occasionally leading to paralysis.
• Additional harm from secondary hazards, such as negligent security or falling debris.

What Type of Compensation Can You Get After a Chicago Slip and Fall Accident?

After a slip and fall, victims may be able to get compensation for:

• Economic damages: medical expenses (past, future), property damage, lost income.
• Non-economic damages: pain, suffering, emotional distress, decreased enjoyment of life.
• In serious cases, punitive damages to punish recklessness or intentional harm.

Illinois adheres to modified comparative negligence: any plaintiff found over 50% at fault receives no compensation. Below that threshold, recovery is reduced proportionally.

Frequently Asked Questions (FAQs) About Chicago Premises Liability Claims

Q: How quickly must I file a claim in Illinois?
A: Typically within two years of the injury (735 ILCS 5/13–202). Claims against public entities may have shorter deadlines, sometimes just one year.

Q: What if the hazard was obvious?
A: Illinois follows the open-and-obvious rule: if a hazard was clearly perceptible, liability may be reduced or there may be no liability at all. However, exceptions exist for distractions or deliberate encounters.

Q: What is notice and why is it important?
A: You must prove the owner knew or should have known about the hazard. Evidence could include prior complaints, inspection schedules, video surveillance, or maintenance logs.

Q: Can I sue if a contractor caused the hazard?
A: Yes—contractors hired to maintain safety (like snow removal) can be held liable if they fail to do their job responsibly.

Q: What about attractive nuisance cases involving children?
A: Certain hazards (pools, trampolines) that may attract children can result in strict liability, even if the child wasn’t permitted to be there.

What You Should Do If You Are Injured on Someone Else’s Property in Chicago

1. Seek medical care immediately, even for minor symptoms.
2. Document everything: take photos/videos of the hazard, your injuries, surrounding conditions.
3. Collect evidence: note witnesses, store CCTV existence, and request incident reports.
4. Preserve documents: keep all medical bills, receipts, repair estimates, and correspondence.
5. Report to property owner or manager, and if appropriate, to municipal authorities.
6. Consult a Chicago personal injury lawyer as soon as possible to preserve evidence, evaluate liability, and file timely claims.

Why Choose John J. Malm & Associates for Your Chicago Trip and Fall Case?

• Thorough Investigation: We handle evidence collection—CCTV, maintenance logs, inspection records, eyewitness statements to build your case against the property owner
• Aggressive Representation: We negotiate with insurers and litigate when necessary, using expert testimony to prove faulty conditions.
• Transparent, Client-Focused: You pay nothing unless we recover. We provide consistent updates and guidance throughout your case so you can focus on your recovery.

Contact the Top-Rated Chicago Slip and Fall Accident Attorneys at John J. Malm & Associates

If you’ve been injured in Chicago due to unsafe conditions on another’s property, time is of the essence. Illinois limits your ability to seek justice—don’t wait. At John J. Malm & Associates, we believe everyone deserves a safe place. When that trust is broken, we fight to hold negligent parties accountable—with respect, tenacity, and results.

Contact us at (630) 527-4177 or fill out our online form for a free, confidential consultation. Let us help you get the compensation you deserve.