People use the terms interchangeably, but legally there is an important distinction between a slip, a trip, and a fall. The distinction matters because it affects how we prove liability and what defenses the property owner will raise.
A slip occurs when your foot loses traction with the walking surface. Wet floors, icy sidewalks, freshly waxed tile, spilled liquids, loose gravel on a smooth surface. The hazard is on the surface itself, and the question is whether the property owner knew or should have known about the condition and failed to address it or warn about it. Slip cases often come down to how long the hazard existed and whether the property owner had a reasonable inspection protocol.
A trip occurs when your foot catches on an object or uneven surface. Raised sidewalk sections, loose carpet, extension cords across walkways, uneven floor transitions, potholes in parking lots, debris in aisles. Trip hazards are structural or physical obstacles, and the question is whether the property owner created the hazard, knew about it, or should have discovered it through reasonable inspection. Trip cases often involve maintenance records, building code violations, and prior complaints about the same condition.
A fall can occur without a slip or trip. You step off an unexpected elevation change. A railing gives way. A staircase is missing a step. A floor collapses. These cases involve structural failures or design defects, and the liability analysis often extends to the architect, builder, or contractor in addition to the property owner.
Why does the distinction matter for your case? Because the evidence you need to preserve and the witnesses you need to identify depend on the type of fall. In a slip case, the condition of the surface at the time of the fall is paramount, and that condition can change within minutes. In a trip case, the physical defect is usually still there and can be documented later, but prior notice to the property owner becomes the key issue. In a structural fall, the construction and maintenance history of the property is the focus.
The defense strategies differ too. In a slip case, the property owner argues the spill just happened and they did not have time to clean it. In a trip case, they argue the defect was open and obvious and you should have seen it. In a structural case, they point to the builder or the last contractor who worked on the area. Knowing which defense is coming allows your lawyer to build the case to defeat it from day one.
Whatever caused your fall, the fundamentals are the same. Preserve the evidence. See a doctor. Call me at 312-500-4500 before the property owner has a chance to fix the hazard and pretend it never existed.
If you had a slip and fall in Chicago and you want to know what your case is worth, you are in the right place.
I created the Injury "Case Settlement Calculator" so people can get an idea of case value without talking to a Chicago slip and fall lawyer.
It is 100% free, and take about 15 seconds. You can click on it below.
Find Out What YOUR Case Might Be Worth...for free.
Many lawyers do not want to handle slip and fall cases. They can be complicated.
But like all injury cases, it is important to have a lawyer who knows how to handle them. They are quite different from Workers Comp cases or car accident cases.
Many lawyers do not want to handle slip and fall cases. They can be complicated.
But like all injury cases, it is important to have a lawyer who knows how to handle them. They are quite different from Workers Comp cases or car accident cases.
Factor One: How Bad Was The Property Owner and Manager's Conduct in Causing Your Chicago Slip and Fall?
In Illinois, we compare what you did wrong (if anything) to what the property owner and or manager did wrong.
So the worse their conduct or the more negligent, the more value your case has. Any Chicago slip and fall attorney will tell you that.
But if a Judge or Jury finds that you were more than 50% responsible for your own fall, you could lose your case and get no money at all.
That's why slip and call cases have to be put together the right way, right from the start.
Factor Two: How Big Are Your Injuries?
Almost everyone knows that the bigger your injury, the more money your case is worth.
And, if you have a lot of medical treatment and big medical bills and a lot of time missed from work, those factors make your case bigger too.
Factor Three: Are Your Injuries Permanent?
Believe it or not, a major value in slip and fall cases in Chicago is whether you have permanent problems. For example, if you broke your leg but it healed perfectly, you have a valuable case. But if you broke your leg and have a permanent limp, the case has much more value because you have to live with that limp for the rest of your life.
Of course these are just guidelines. The best way to learn about your case value and your situation is to get a free consult with a lawyer. You should talk to the best slip and fall lawyer in Chicago to get answers regarding your situation and your case value.
I would say unquestionably that consulting with a slip and fall lawyer or a law firm of lawyers who are known as the best slip and fall attorneys is probably the best advice you could ever get.
That's because slip and fall cases are much more complicated than your average injury case.
For example, in a car accident case we only have to prove three things.
Seems pretty simple, right?
Well, in a Chicago slip and fall case, we have to prove a lot more than that:
We also have to make sure that your testimony is "clean". That means that you do not say anything that would lead a judge or jury to believe that the accident was your fault if it wasn't. Insurance Defense lawyers are experts at getting you to say things that hurt your slip and fall case, without you even knowing it.
Believe it or not, proving that a condition on property was "unreasonably dangerous" is not that easy. Imagine if what caused you to slip at a grocery store was water on the floor. Very common kind of case. Jurors and Judges are resistant to answering the question "Was the water unreasonably dangerous" with a "Yes". If you can't prove that, you automatically lose your case.
Most Chicago slip and fall will prefer a case where a client falls in a giant hole, or a porch collapses, or construction work is being done, and a wall collapses or machinery hurts someone. That's because those cases are easier to prove. They can also lead to major injuries.
One thing is for sure: of any kind of injury case, speaking with an experienced attorney, considered the best Chicago slip and fall lawyer is a good move. I offer a free consultation and you can call me any day, any time to set up your free consultation. Give me a call and I'd be happy to answer your questions.
First thing to know is that there is no fee of any kind unless we win your case.
That means you never pay any money "out of pocket". And the lawyer only gets paid a fee if they win your case or settle the case in an amount you agreed to.
Slip and Fall Lawyers even advance case costs. I certainly do.
That means if we have to get photos or work permits or medical records and things of that nature, I advance the money to put your case together for you. If we lose the case, I lose the money. I never ask clients to pay me any money unless we win the case. And the good thing is the lawyer only gets paid after you get paid.
So if you're short on money, there's no reason to let that stop you from talking to a lawyer. In my years of experience, I have found that the earlier an injured person talks to a lawyer in a slip and fall case in Chicago, the better it is for their case outcome.
In other words, the earlier a lawyer can dig into the case, the more evidence in better evidence he or she can get for your case. This makes your case settle faster and gets you more money.
The other thing to think about is that lawyers give a free consultation. That means it is 100% free and 100% no obligation to call the lawyer, talk to the lawyer, tell them what happened. Ask every question you can think of. It's all free.
You only hire the lawyer if you want to.
I would say it's important to hire a lawyer who is nice to you on the telephone, and let you talk and seems knowledgeable. If you have bad feelings towards the lawyer you speak with, you should maybe talk to a different lawyer. But hiring a Chicago slip and fall lawyer is very important because those cases are tough. You want every advantage.
The smartest thing to do is speak with a lawyer. But here is a list of things to do that can really help you and make sure that your cases settle quickly for maximum compensation. In fact, failing to do these things can really hurt your chances to win a Chicago slip and fall case.
See A Doctor. Go to the Emergency Room to get checked out and follow up with your family doctor or clinic if you are in pain or have injuries. It is better for your health and necessary to your case so we can prove the injuries.
File a Report. Make a report if you fall at a store or business or at work. Get a copy of the report.
Photos, Lease and Property Management. If you fall at a rental property or multi-unit building, the property manager usually has to post a sign saying who they are in the lobby. Take a photo. Also, take photos of the areas where you fell and what caused you to fall. If it is a rental property, get a copy of the lease.
Make a diary. Write down what happened and note your injuries and pain. Make notes about where you go to the doctor, what the doctor says, and the struggles you have doing your daily activities. If you do not write it down, you will have a hard time remembering.
Don’t give a recorded statement. Insurance companies love to call and commit you to a story before you have even had time to think. Do not give a statement, and instead, get a consultation with an attorney of your own. And do not sign any papers they send you until you show them to your lawyer.
Do not post on social media like Facebook. Keep your fall, your injuries, and especially discussion of your lawsuit completely private. They can see and get your social media accounts, so do not jeopardize your case. Loose lips sink ships.
Free Consult with a Chicago slip and fall lawyer. The earlier you call, the more the lawyer can help you get your evidence together and make sure you do not fall into any insurance company traps.
Court statistics say that about only one in five slip and fall cases result in a money verdict for the injured person. That’s a 20% chance of winning your case in front of a jury. If your case went to trial 10 times, you would win twice and lose eight times.
Now, on the other hand, I have had substantial success in my practice with slip and fall cases. But you have to have your eyes open about how much time, money, and work have to go into these cases in order to make them successful.
To prove a slip and fall case, we have to prove:
See? I told you it was complicated. And any good slip and fall injury lawyer Chicago will tell you the same.
In these fall down cases, a photo is worth 1,000 words. And, if you can prove by testimony or photos how long the problem was there, then you are building a strong fall down injury case.
You have to have your ducks in a row about how you say your fall occurred because insurance companies defend these cases by saying that the person who fell wasn’t paying enough attention to where they were walking.
The sad part is that juries believe this argument, and that’s why these cases are so hard to prove. Not impossible, just harder than for example a car accident case.
Again, I wish that were true. Some cases settle for a lot more than that. Other cases settle for less. And these days, it is almost always a fight with the insurance company.
Why would that be the case? I’ll tell you.
Insurance companies resolve cases based on fear: fear of what a jury will do with the case. So if you have a very strong case with very severe injuries, your case is likely to settle for a lot of money.
Unfortunately, insurance companies don’t see slip and fall cases as cases which are strong. That’s because they know the statistics: only one in four or one in five wins in Court. So many insurance companies often don’t even attempt to settle slip and fall cases. They would rather take them to court and win.
But an experienced lawyer who knows how to work up these cases before going to court can not only encourage the insurance company to come to the settlement table but also put all the evidence together in such a way that puts some fear into the insurance company. It would be nice if insurance companies gave the same slip and fall settlement amounts to everybody, whether they have a lawyer or not. But the truth is, how your case is handled and whether it is put together the right way makes all the difference.
A slip and fall happens when you lose traction - wet floors, icy sidewalks, freshly waxed surfaces. A trip and fall happens when your foot catches on something - a raised sidewalk, a curled carpet edge, debris in a walkway. A fall down involves falling from one level to another - like falling down stairs or off a loading dock. The legal theory is the same in all three - the property owner failed to maintain safe conditions - but the specific hazard and evidence differ in each type of case.
The property owner, tenant, or property manager who had control over the area where you fell is typically responsible. In Illinois, they have a legal duty to maintain their property in a reasonably safe condition and to warn visitors about known hazards. If they knew about the dangerous condition - or should have known about it through reasonable inspections - and failed to fix it or warn you, they're liable for your injuries.
You need to prove four things: (1) the property owner owed you a duty of care, (2) there was a dangerous condition on the property, (3) the property owner knew or should have known about the condition and failed to fix it or warn you, and (4) the dangerous condition caused your fall and your injuries. Evidence like photos of the hazard, incident reports, witness statements, and surveillance footage all help establish these elements.
The value of a slip, trip, or fall case depends on the nature and permanence of the injuries, the cost of medical treatment past and future, lost wages and any loss of future earning capacity, and the pain, suffering, and loss of normal life flowing from the injury. Soft tissue injuries that resolve with conservative treatment produce smaller cases than fractures requiring surgery, hardware, and rehabilitation. Head injuries from striking the ground can produce serious cases when there is documented concussion, traumatic brain injury, or post-concussive syndrome on imaging or neuropsychological testing. Spinal cord injuries and injuries requiring life care plans are the largest cases. Every case is different and an honest evaluation requires reviewing the medical records, the imaging, the wage information, and the specific defect that caused the fall - there is no chart or formula that produces a number from the type of injury alone.
Report the incident to the property owner or manager and ask for a written incident report. Take photos of the hazard that caused your fall - the wet floor, the broken step, the uneven surface. Get the names and contact information of any witnesses. See a doctor within 24 to 48 hours even if you feel okay, because some injuries don't show symptoms right away. And call a lawyer before giving any statements to the property owner's insurance company.
Two years from the date of the fall under 735 ILCS 5/13-202 for claims against private property owners, tenants, property managers, contractors, and other private defendants. If the fall happened on government property (city sidewalk, municipal parking lot, county or state property, park district), the Illinois Local Governmental and Governmental Employees Tort Immunity Act applies a one-year statute of limitations under 745 ILCS 10/8-101 - plus written notice requirements that can be shorter. Claims against the CTA have a six-month notice deadline and a one-year filing deadline under 70 ILCS 3605/41. The exact deadline depends on who owns the property where the fall occurred, which is not always obvious. Missing the deadline by one day is fatal to the case. Call as soon as possible after a fall on any property.
The open and obvious doctrine is the defense raised in almost every Illinois slip-and-fall and trip-and-fall case. The property owner argues that the hazard was so apparent a reasonable person would have noticed and avoided it - therefore the owner had no duty to warn or correct. The doctrine has two important exceptions. The distraction exception applies when the claimant's attention was reasonably diverted in a foreseeable way (customer looking at displayed merchandise, parent watching a child, pedestrian reading a posted sign). The deliberate encounter exception applies when the claimant had no reasonable alternative but to confront the danger (the only path to the building entrance, the only way to reach a vehicle in a parking lot). Many cases that defendants try to dismiss under open and obvious survive on one of these exceptions, which is why building the case to fit an exception from day one matters.
Illinois follows a long-standing rule that property owners are generally not liable for falls on natural accumulations of ice and snow - fresh snowfall, frost, freezing rain. The Illinois Snow and Ice Removal Act (745 ILCS 75/) reinforces this protection for residential property owners. The big exception is unnatural accumulation: ice or snow that exists or was made worse because of the property owner's actions. Examples include a downspout that drains onto a walkway and freezes, a plowed snow pile that melts and refreezes across a sidewalk, a poorly drained surface that collects water and ices over, or a roof that drips onto an entrance area. Winter slip and fall cases are won and lost on the natural-versus-unnatural distinction. When a contractor was hired to remove snow, that contractor's negligence can also create an unnatural accumulation, which makes the contractor a separate defendant and adds another insurance policy to the recovery.
Would you like to know more about how to win slip and fall case?
If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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