Glen Ellyn Slip and Fall Lawyer Asks:

Glen Ellyn Slip and Fall Lawyer

When you fall on a property owner's premises in Illinois, the very first defense you will hear is that the hazard was "open and obvious" — and you should have avoided it. It is the insurer's reflex, and it is meant to end your claim before it starts. The theory is that if a danger was visible enough for a reasonable person to notice, the owner had no duty to protect you from it. It sounds tidy, and it defeats a lot of valid claims filed by people who assume it is the last word. It is not. The "open and obvious" defense has well-established exceptions, and beating it is a large part of what a real premises case is about.

My name is Scott DeSalvo, and for nearly 30 years I have taken on property owners and their insurers in fall cases. I know how "open and obvious" is argued and, more importantly, how it is beaten — because on Glen Ellyn's historic brick sidewalks, restaurant steps, and uneven downtown surfaces, the "obvious" hazard is frequently one the owner should have fixed and had every reason to expect would trip someone. If you were hurt in a fall, call me at 312-500-4500, any hour, for free.

What "Open and Obvious" Actually Means — and Where It Fails

"Open and obvious" is a defense, not a magic word, and Illinois law limits it in ways insurers hope you never learn. Two exceptions matter most. The first is the "distraction exception": if the owner should reasonably expect that people will be distracted and not focused on the hazard — shoppers reading storefronts along Main Street, diners watching a step while carrying a child, commuters hurrying toward a Metra platform — the owner can still be liable even for a visible danger. The second is the "deliberate encounter exception": if the only reasonable path forced you to confront the hazard, the fact that you saw it does not excuse the owner.

Beating the defense means proving the situation, not just the hazard. It is not enough for the insurer to say the broken step was visible; the question is whether the owner should have anticipated that someone, in the ordinary use of the property, would be hurt by it anyway. That is a fact-specific fight, and it is one that is very winnable with the right evidence.

Glen Ellyn's Historic Surfaces Are a Hazard Map

The same downtown character that makes Glen Ellyn charming — brick sidewalks, older steps, uneven historic surfaces — produces a steady stream of falls. Brick pavers heave and settle over years, mortar joints erode, and a lip of a half-inch between sections is enough to catch a toe. Restaurant and shop entrances add steps of odd heights, worn treads, and thresholds that do not match the sidewalk grade. Add winter, poor lighting at an entrance, or a downspout draining across a walkway, and a picturesque block becomes a real danger. Owners who benefit from the historic look are not excused from maintaining it safely.

None of this is bad luck — it is maintenance that someone was responsible for and neglected. Documenting the specific defect, its condition, and how long it had been that way is what converts "you should have watched your step" into "the owner let a known hazard sit."

The Ice Question Turns on Natural Versus Man-Made

Illinois treats a fall on ice very differently depending on how the ice got there. As a general rule, an owner is not liable for a natural accumulation of ice or snow — the weather is not their fault. But when the accumulation is unnatural — a plow pile that melts and refreezes across a walkway, a downspout or gutter that drains onto a sidewalk, a low spot in defective pavement that collects and freezes runoff — the owner can absolutely be responsible. That distinction is technical, and it is precisely the line insurers fight on.

Proving an unnatural accumulation takes evidence gathered before the thaw. Photographs, the source of the water, the drainage layout, and the maintenance history all matter, and they disappear quickly. The sooner the case starts, the stronger that proof.

What to Do Right After a Fall

The steps you take in the first hours after a fall can decide whether the claim survives the insurer's defenses. If you can, report the fall to the store or property manager and ask for a written incident report. Photograph what caused the fall and the area around it before anyone cleans it up or repairs it. Get the names of any witnesses, and see a doctor promptly even if you only feel sore — some serious injuries hide behind adrenaline. Then call me quickly, so I can move to preserve the surveillance video before it is overwritten.

Preserving that footage is often the whole ballgame. Many downtown businesses and shopping corridors keep video for only a short time, and once it is gone, the owner's version of events becomes much harder to challenge.

Being Partly at Fault Does Not End Your Case

A favorite insurer tactic is to tell you the fall was your own fault, as if that closes the matter — it does not. Illinois uses modified comparative negligence. Being partly responsible reduces your recovery by your share, but it does not bar your claim unless you were more than 50% at fault. So the insurer's real game is to push your share of the blame past that line, because if they can pin 51% on you, they owe nothing. Countering that — showing the owner's neglect was the real cause — is central to what I do.

Do not accept the "your own fault" framing on the strength of an adjuster's say-so. How much fault, if any, lies with you is a contested question, not a foregone conclusion, and it is worth fighting over.

Public Property Comes With Shorter Deadlines

Where you fell changes not just who is liable but how long you have to act. A fall on private property generally carries the standard two-year Illinois deadline. But a fall on public or government property — a village sidewalk, a park district lot, a public building — can trigger special notice requirements and a much shorter window, sometimes about a year. Given Glen Ellyn's public sidewalks, downtown, park district land, and areas around the Prairie Path and Lake Ellyn, whether a hazard is public or private is a real and consequential question in these cases.

Those government deadlines are easy to miss because no one expects them. If there is any chance a public entity is responsible for where you fell, reach out quickly so the shorter clock does not run out.

Speak With a Glen Ellyn Personal Injury Attorney Before the Insurer Frames It

Before you accept that your fall was "obvious" or "your own fault," let a Glen Ellyn Personal Injury Attorney look at the facts and tell you whether the owner is on the hook. The call is free, and it may keep a valid claim from being talked away.

Frequently Asked Questions

What should I do right after a fall?

If you can, report it to the store or property manager and ask for a written incident report. Photograph what caused the fall and the area around it before anyone cleans up. Get the names of any witnesses, and see a doctor promptly even if you only feel sore. Then call me quickly, so I can preserve the surveillance video before it's gone.

How long do I have to file a fall claim in Illinois?

Generally two years from the date of your fall against a private owner. But a fall on public or government property — a village sidewalk, a park district lot, a public building — can carry special notice rules and much shorter deadlines, sometimes about a year. Those government deadlines are easy to miss, so reach out as soon as you can.

I fell on ice. Do I have a case?

It depends on whether the ice was natural or man-made. Illinois usually doesn't hold owners responsible for naturally accumulated ice, but if they created the hazard — refrozen plow piles, a draining downspout, or defective pavement — you may have a strong claim. It's a technical line and the one insurers fight on, so it helps to have someone who can prove an unnatural accumulation.

The store says the fall was my own fault. Does that end it?

Not necessarily. Illinois uses modified comparative negligence, so being partly at fault doesn't end your claim unless you were more than half responsible — your recovery is just reduced by your share. Insurers always push to get you past that line, and countering it is a central part of what I do.

What does a slip and fall lawyer cost?

Nothing out of pocket. I take these on contingency — my fee comes only from what I recover for you, and if there's no recovery, you owe nothing. I also front the investigation costs, like securing camera footage and expert analysis. You never pay me to get started.

<<Go To Main Page>>