$190,000 Settlement Secured for a Slip and Fall on Ice

When a routine chore, like taking out the garbage, ends with two broken bones and months of recovery, the bills, pain, and worry follow. That’s what happened to our client, who slipped on a patch of ice that had formed directly in front of her apartment door after water continuously dripped from a rain gutter onto the sidewalk. She suffered a left fibula lateral malleolus fracture (a break on the outside of the ankle) and a distal tibial fracture (a break in the lower portion of the shinbone near the ankle). After careful investigation, aggressive negotiation, and a focused litigation strategy, the dedicated Illinois premises liability lawyers at John J. Malm & Associates secured a $190,000 settlement that helped our client pay medical bills, replace lost income, and move forward with her life.

“Slips that happen because of preventable hazards, like a gutter that continually makes ice on a sidewalk, are not ‘accidents’ in the fair sense. They are the result of inaction. At John J. Malm & Associates, we hold property owners accountable so injured people don’t shoulder the financial and physical burdens alone.” — John J. Malm, Naperville slip and fall accident attorney

The Facts of the Slip and Fall

Our client was injured in a slip and fall accident that occurred right outside her apartment door on a cold winter morning. After taking out the garbage, she was returning to her apartment when she stepped onto a patch of ice that had formed directly in front of her doorway. The ice was not an isolated or unexpected occurrence, it had been created by water dripping from a faulty rain gutter above the sidewalk. Each time the temperature dropped, the dripping water froze, leaving behind a thin, nearly invisible sheet of ice on the concrete surface. The property owner failed to correct the problem, even though the dripping gutter had been creating this hazard repeatedly throughout the winter season.

As she approached her door, unaware of the slippery condition beneath her feet, our client suddenly lost her footing and fell hard onto the pavement. The impact caused severe injuries to her left leg and ankle, including a left fibula lateral malleolus fracture and a left distal tibial fracture. Her injuries necessitated extensive treatment, including surgery, immobilization, follow-up orthopedic care, and a lengthy period of recovery and physical therapy.

The fall never should have happened. The dangerous patch of ice was the direct result of negligent property maintenance. The property owner failed to fix the leaking gutter, failed to divert the drainage away from the walking path, and failed to take reasonable steps to prevent ice from forming in an area that every tenant needed to use. What began as a routine task of taking out the trash turned into months of pain, medical expenses, and disruption to our client’s daily life, all because a preventable hazard was ignored.

Understanding the Injuries: Why Ankle Fractures Matter

A lateral malleolus fracture is a break of the fibula at the outer ankle and is a common type of ankle fracture. A distal tibial fracture involves the bottom portion of the tibia near the ankle and can affect the ankle joint’s stability and long-term function. Together, these injuries:

• Cause significant pain and swelling.
• Often require several weeks of immobilization in a cast or boot, and sometimes surgery if the bones are displaced or the joint is unstable.
• Require physical therapy to restore range of motion, strength, and balance.
• Can lead to long-term consequences, such as stiffness, chronic pain, arthritis in the ankle joint, and difficulty returning to physically demanding jobs or activities.

Because these bones bear weight and are central to walking, a combined fibula lateral malleolus fracture and a distal tibial fracture often produce more disability and recovery time than a simple, isolated ankle sprain.

How a Property Owner Can Be Responsible for Falls at Apartments

Under Illinois Premises Liability Act, property owners and those in control of property owe a duty to maintain the premises in a reasonably safe condition for lawful visitors. That duty includes:

• Inspecting walkways and common areas where guests and residents walk.
• Fixing or warning of known hazards (like recurring ice from a gutter drip).
• Correcting sources of water that create ice.

In this case, the safe, predictable pattern was that water from the gutter repeatedly dripped and froze in the same spot. The apartment owner knew or should have known about the ongoing drip and the resulting ice patch because:

• The drip was continuous (not a one-time spill), and the owner had an obligation to address a recurring condition.
• The ice was in front of an apartment, an area the owner controlled and was responsible for maintaining for the safety of residents.

Our legal theory was straightforward: the property owner’s failure to stop the gutter drip, repair the source of water, or provide adequate winter maintenance created a dangerous condition. That negligence caused the fall and the client’s injuries, and the owner should compensate our client for the harm caused.

How We Built the Case

A successful premises liability claim depends on proof that the hazard existed, that the owner knew (or should have known) of the hazard, and that this hazard caused the injury. Here’s what we did to build the record:

• Photographed the hazard: We documented the exact spot where she fell, showing the gutter above, the pathway, the likely drip path, residual ice, and how close the hazard was to the apartment door. Photographs taken soon after the fall were crucial.
• Preserved weather and maintenance records: We obtained weather reports showing freezing temperatures that would have allowed that drip to freeze.
• Gathered medical records: We obtained emergency room notes, imaging (X-rays/CT), orthopedic consult notes, physical therapy records, bills, and provider prognoses about future care or restrictions.
• Inspected the property: We executed a site inspection documenting the gutter, its pitch, the downspout configuration, and whether the property had adequate snow/ice management practices.

All these steps let us connect the hazard to the injury in a persuasive, documented way, resulting in a settlement for our client

Negotiation and the $190,000 Settlement

After building the record, we presented a demand package to the property owner’s insurance carrier that included:

• A detailed narrative of the loss and the mechanism of the fall.
• Photographs of the hazard and the scene.
• Complete medical records and bills.
• A legal analysis showing the property owner’s responsibility.

The defense initially disputed aspects of liability and the amount of future care needed. We used the documented evidence of site photographs, weather records, and medical records to counter those arguments and show the plaintiff’s injuries were real, significant, and causally related to the hazardous ice caused by the gutter.

After negotiations and the threat of filing suit with the evidence attached, the carrier agreed to settle for $190,000. That recovery covered past medical bills and recognized non-economic harms like pain and suffering.

A settlement like this avoids protracted litigation, gets funds to the injured person sooner, and removes the uncertainty of trial. But it’s the result of careful preparation: we did not simply ask for money, we proved why the property owner should be accountable.

Why Hiring an Experienced Illinois Premises Liability Injury Firm Made a Difference

Insurance companies hire adjusters and lawyers whose job is to minimize payouts. Plaintiffs who try to negotiate a complex claim alone often accept low offers or miss key documentation. Our firm’s role included:

• Quickly preserving the scene and evidence so the hazard could not be downplayed.
• Assembling a complete medical timeline that tied care directly to the fall.
• Explaining the law and the realistic value of the claim.
• Pushing back against tactics that minimize liability or the severity of injuries.
• Negotiating aggressively to reach a fair settlement without unnecessary delay.

Clients who hire counsel benefit both from stronger evidence preservation and from experienced negotiation that can substantially improve outcomes.

Frequently Asked Questions about Slip and Fall Lawsuits

Q: How long does it take to settle a slip and fall case?
A: It varies. Some cases settle within months if liability is clear and medical treatment is complete. Others take longer when future medical needs are uncertain or liability is disputed. In every case, we press to move the matter promptly while ensuring our client receives fair compensation.

Q: If the fall happened in front of my apartment, who can be liable?
A: Liability depends on who controlled the area and who had responsibility for maintenance. That can be the landlord, a property management company, or, in some complexes, a homeowner’s association. We investigate contracts, inspection records, and who had the duty to maintain that sidewalk.

Q: What if the landlord says the tenant should have known about the ice?
A: That defense is common. But a property owner can’t hide behind assumed knowledge if the hazard was caused by a recurring condition they failed to fix, like a leaking gutter. We focus on proving that the condition was non-obvious or that the owner knew (or should have known) and failed to act.

Q: Will the insurance company pay all my medical bills?
A: The settlement is meant to cover past and reasonable future medical care, lost wages, and pain and suffering. How much goes toward medical bills depends on your bills, liens (like health care provider or insurer subrogation), and the settlement structure we negotiate to maximize what you keep.

Q: Should I accept the first settlement offer?
A: Almost never accept the first offer without legal review. Early offers are often low. We evaluate the offer against your documented damages, future needs, and the strength of the liability case before advising you.

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

No one should have to rebuild their life after a preventable slip and fall on their way home. The $190,000 settlement we obtained for our client is a concrete example of how thorough investigation, careful documentation, and experienced negotiation make a real difference for injured people: helping pay bills, secure necessary care, and provide a path forward.

If you or a loved one has been injured in a fall, whether from ice, a puddle, a broken stair, or another hazard, contact the trusted Illinois premises liability lawyers at John J. Malm & Associates for a free consultation. We will:

• Listen to your story and explain your rights.
• Preserve evidence before it disappears.
• Work with medical and property experts to show what happened.
• Handle communications with insurers so you can focus on recovery.

Call John J. Malm & Associates today arrange a no-cost, no-pressure review of your case. We’ll explain how we can help and what outcomes may be realistic in your situation.