EXPERIENCED PERSONAL INJURY ATTORNEYS
Illinois Retail Store Slip and Fall Accident Lawyers
Award-Winning Injury Attorneys for Victims of Falls at Stores, Malls, and Other Retail Properties
At John J. Malm & Associates, we understand the serious consequences of slip and fall accidents—especially when they happen in places where we expect safety, like retail stores. With decades of experience representing clients in Naperville, Chicago, and throughout Illinois, our Illinois premises liability attorneys know how to hold negligent store owners and property managers accountable after an accident. If you’ve been injured in a slip and fall accident while shopping, we can help you recover full compensation for your injuries, lost wages, and pain and suffering.
When a business ignores dangerous conditions—like wet floors or loose carpeting—it puts the public at risk. Our firm stands up for those who are injured due to negligence. We help clients recover compensation for their medical expenses, lost wages, and pain. If you’ve been hurt in a fall at a store, we’re here to fight for the justice you deserve.”— John J. Malm, Naperville trip and fall attorney
The Prevalence of Retail Slip and Fall Accidents
Retail store falls are more common than many realize. According to the National Floor Safety Institute (NFSI):
- Falls account for over 8 million ER visits each year, making them the leading cause of emergency room trips in the United States.
- Slip and falls represent over 1 million visits, or about 12% of all fall-related ER visits.
- Approximately 60% of same-level fall injuries occur in the retail, wholesale, and service industries.
The Bureau of Labor Statistics (BLS) reports that in the retail trade sector alone, more than 34,000 nonfatal injuries from slips, trips, and falls occurred in 2018. That’s nearly 1 in 12 nonfatal injuries in the industry.
In Illinois, slip and fall cases continue to be one of the most commonly filed personal injury claims, especially in urban and high-traffic areas like Chicago and Naperville.
Causes of Retail Slip and Fall Accidents
Several hazards commonly contribute to falls in retail settings:
1. Wet or Slippery Floors
Spilled drinks, recently mopped floors, or tracked-in rainwater without warning signs pose significant risks.
2. Uneven Surfaces
Broken tiles, cracked pavement, loose rugs, or torn carpets create tripping hazards for unsuspecting customers.
3. Obstructed Walkways
Boxes, merchandise, or cleaning equipment left in aisles are common in busy stores and create fall risks.
4. Poor Lighting
Inadequate lighting in stairwells, dressing rooms, or storage areas can obscure hazards and lead to accidents.
5. Lack of Warning Signs
Stores are required to warn customers of known hazards. Failure to post signs near wet floors or recently waxed surfaces can make the store liable for resulting injuries.
Common Injuries in Retail Slip and Fall Accidents
Slip and fall accidents may seem minor at first—but the resulting injuries can be severe and even life-altering, especially for older adults or those with pre-existing conditions. At John J. Malm & Associates, we regularly see clients suffering from the following:
1. Fractures
Broken wrists, hips, and ankles are among the most common injuries. According to the CDC, more than 95% of hip fractures are caused by falls.
2. Head Injuries
These range from mild concussions to traumatic brain injuries (TBIs), which can have long-term cognitive and physical effects.
3. Back and Spinal Cord Injuries
A slip and fall can damage the spine, leading to herniated discs, nerve compression, or even paralysis.
4. Soft Tissue Injuries
Sprains, strains, and tears in ligaments or muscles may not show up immediately but can cause chronic pain.
5. Cuts and Abrasions
Falling onto shelving or rough surfaces can cause significant lacerations that may require stitches or plastic surgery.
Legal Responsibilities of Retail Stores
Retailers have a duty to maintain their premises in a reasonably safe condition. Under Illinois premises liability law, store owners and occupiers must:
- Regularly inspect for hazards
- Promptly fix known issues
- Warn customers of dangerous conditions that cannot be immediately remedied
Failing to fulfill these duties can result in liability if someone is injured on the premises. In cases where an employee or cleaning contractor created or failed to fix a hazard, liability may extend to the employer or third-party company.
Proving Liability in a Retail Slip and Fall Case
In Illinois, in order to recover compensation in a slip and fall case, a plaintiff must prove:
- A dangerous condition existed on the premises
- The property owner knew or should have known about it
- The owner failed to correct or warn of the danger
- That failure caused the plaintiff’s injuries
In retail trip and fall cases, evidence is critical. Surveillance footage, maintenance logs, incident reports, witness statements, and medical records all play a role in proving a retail slip and fall case.
What to Do After a Slip and Fall in a Store
If you’re injured in a fall at a store, take the following steps immediately:
1. Report the Incident
Inform the store manager or staff and ensure they document the event in a written report. If you can, get a copy of the report.
2. Take Photographs
Use your phone to photograph the scene, especially the hazard (e.g., wet floor, broken tile) and the surrounding conditions.
3. Get Witness Information
If anyone saw you fall, ask for their name and contact information.
4. Seek Medical Attention
Even if injuries seem minor, some conditions—like concussions or soft tissue injuries—may worsen over time.
5. Preserve Evidence
Keep your clothing and shoes from the day of the accident.
6. Contact an Experienced Personal Injury Attorney
An experienced Illinois slip and fall lawyer can help investigate the incident, preserve critical evidence, and negotiate with insurance companies on your behalf.
How Long Do I Have to File a Slip and Fall Claim in Illinois?
Illinois law sets a two-year statute of limitations on most personal injury claims, including slip and fall accidents. However, if the fall occurred on public property or involved a government agency, you may need to file a notice of claim much sooner. Don’t delay in speaking with an attorney to ensure your claim is filed within the right timeline.
Compensation for Retail Store Slip and Fall Injuries
Victims of retail slip and fall accidents may be entitled to recover damages for:
- Medical bills (past and future)
- Lost wages or reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
If the fall results in wrongful death, surviving family members may pursue compensation for funeral expenses, loss of companionship, and more.
Frequently Asked Questions about Retail Store Slip and Fall Accidents
Q: I may have caused my fall—can I still sue?
A: Under Illinois’ comparative negligence rules, you can still recover reduced damages even if partially at fault. However, if you are more than 50% at fault, you cannot recover any damages.
Q: Can I sue a mall or landlord?
A: Yes. Property owners responsible for common areas may share liability if they fail to maintain safe conditions.
Q: How long do I have to file a claim?
A: In Illinois, the statute of limitations for personal injury is typically 2 years from the incident.
Q: What if I get injured months later?
A: You can file a claim when symptoms surface, but this might complicate proving the fall caused your injuries. We recommended slip and fall victims get medical attention and legal advice promptly.
Q: How much is my retail store slip and fall case worth?
A: While each case is unique, minor injury cases may settle for $15,000–$40,000, while moderate to severe injuries can settle in the $75,000–$250,000+ range. Cases involving permanent disability or wrongful death may result in even larger recoveries.
Contact the Acclaimed Illinois Retail Slip and Fall Attorneys at John J. Malm & Associates
If you or a loved one has been injured in a slip and fall accident in a retail store, don’t leave your case to chance. At John J. Malm & Associates, we have a proven track record of holding negligent retailers accountable and securing maximum compensation for our clients. We offer free consultations and work on a contingency fee basis—meaning you pay nothing unless we win your case.
Call us today at (630) 527-4177 or contact us online to schedule your free consultation. Let us help you get the justice and compensation you deserve.