Determining Liability for a Slip and Fall Accident

 Posted on February 12, 2026 in Slip and Fall Accidents

Liability for a slip-and-fall accident usually depends on whether a property owner failed to take proper precautions. Property owners are expected to keep their spaces reasonably safe for visitors. When they do not, serious injuries can happen.

Slip-and-fall incidents can have devastating consequences, especially for the more vulnerable members of the population. According to the Centers for Disease Control and Prevention, falls are the leading cause of injury for older adults, sending more than three million people to emergency departments each year.

If you were hurt in a fall in 2026, our Orland Park, IL premises liability lawyer can help. At Issa Law, LLC, we’ll take a look at your case to help you understand your legal options.

What Does Premises Liability Mean in Illinois?

Premises liability is the area of law that holds property owners responsible for unsafe conditions. In Illinois, the Premises Liability Act, 740 ILCS 130/, requires property owners and occupiers to use reasonable care to protect lawful visitors.

This does not mean every fall leads to a valid claim. The key question is whether the owner acted reasonably in maintaining the property and addressing known hazards.

When Is a Property Owner Considered Negligent in Illinois?

Negligence often depends on what the owner knew – or should have known – about a dangerous condition. If a hazard existed long enough that it should have been discovered and fixed, the owner may be held responsible.

Common hazards that can lead to claims include:

• Wet or freshly mopped floors without warning signs
• Uneven sidewalks or damaged flooring
• Poor lighting in hallways or stairwells
• Ice or snow that was not properly cleared
• Loose handrails or broken steps
• When these risks are ignored, visitors may have grounds to seek compensation.

How Do You Prove Liability for a Slip-and-Fall Accident?

To succeed in a premises liability claim, you generally must show that the property owner failed to take reasonable steps to prevent harm.

Strong claims often demonstrate that:

• A dangerous condition existed.
• The owner knew or should have known about it.
• The hazard was not repaired within a reasonable time.
• You were injured because of the condition.

Photos, incident reports, medical records, and witness statements can all help explain what happened.

Can You Still Recover Compensation if You Were Partly at Fault for a Slip-and-Fall Accident?

Illinois follows a modified comparative fault rule, under 735 ILCS 5/2-1116, for personal injury claims. You may still recover damages if you are less than 50 percent responsible for the accident. However, you will receive less compensation.

For example, if you were looking at your phone but the property owner failed to address a clear safety hazard, both factors may be considered when determining liability.

What Types of Injuries Are Common in Slip and Fall Cases?

Slip-and-fall accidents can lead to serious injuries, not just minor bruises. Depending on how the fall occurs, the effects can last for months or even become permanent.

Common injuries include fractures, head injuries, spinal damage, and torn ligaments. Some people require surgery, rehabilitation, or extended time away from work. When injuries disrupt daily life, the financial and emotional strain can grow quickly.

What Should You Do After a Slip and Fall Accident To Protect Your Claim?

To protect your health and better your position for a personal injury claim, consider the following steps:

• Reporting the incident to the property owner or manager
• Taking photos of the hazard and the surrounding area
• Seeking medical care, even if symptoms seem minor
• Gathering witness names and contact information
• Keeping records of treatment and expenses

Acting quickly helps preserve details that might otherwise be forgotten.

How Long Do You Have To File a Slip and Fall Lawsuit in Illinois?

Illinois typically gives injured individuals two years from the date of the injury to file a personal injury lawsuit under 735 ILCS 5/13-202. Delaying action can make it more difficult to collect evidence and find witnesses while details are still fresh.

Taking steps sooner allows your legal team to examine the scene, review important records, and develop a well-supported claim.

Schedule a Free Consultation With Our Orland Park, IL Slip-and-Fall Accident Attorney

A slip and fall can leave you dealing with pain, unexpected expenses, and uncertainty about what comes next. At Issa Law, LLC, we help injured individuals understand their options and pursue compensation with confidence. Attorney Issa has litigated well over 100 contested matters, both in the criminal defense area and the personal injury area. His experience supports a prepared and thoughtful approach to every case.

If you were injured on someone else’s property, contact our Orland Park, IL premises liability lawyer by calling 708-966-2408 to schedule a free consultation. Our firm handles cases on a contingency-fee basis, so you do not pay unless we recover compensation for you.