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In the blink of an eye, a sidewalk slip and fall can turn your world upside down, causing serious injuries and unforeseen challenges. If you’ve been injured in a sidewalk fall, you’re likely asking, “Can I file a claim? Who’s responsible?” Knowing your legal options is the first step toward safeguarding your rights and pursuing the compensation you deserve.
What Causes a Slip and Fall Accident?
A personal injury slip and fall accident happens when someone is injured by slipping, tripping, or falling on another person’s property as a result of hazardous conditions. Common causes of these accidents include wet floors, uneven pavement, poor lighting, icy sidewalks, or obstructed walkways.
Sidewalks become more susceptible to slip and fall accidents due to a variety of factors, including:
- Snowy and icy walkways
- Wet or slippery floors
- Poorly maintained entrances and exits
- Loose carpet or rugs
- Uneven and damaged flooring
- Insufficient lighting
- Broken stairs and railings
- Tripping hazards, such as power cords, debris, and clutter
- Uneven or unstable flooring
- Potholes, cracked pavement, or uneven surfaces
Who is Liable for a Slip and Fall Accident?
Slip and fall cases are categorized under premises liability, meaning responsibility for the accident and any resulting injuries lies with the party responsible for maintaining the property where the incident occurred.
Potentially liable parties include the following:
- The property’s owner, whether it is a residential or commercial building, is responsible for properly maintaining their premises in a safe condition. They may be liable for unsafe conditions they knew or should have known about.
- The property’s manager or maintenance company may also be liable. Failing to leave adequate signage around a wet floor can get a maintenance company—and whoever oversaw them—in hot water.
- A tenant or other party in possession of the premises may be liable if they are personally responsible for creating the conditions that led to the accident. For instance, retail establishments, restaurants, and other businesses often rent the premises they occupy and are responsible for hazardous conditions on the properties.
- A government entity may also be responsible if an accident occurs on public property under its control. For example, a government agency may be responsible when an unleveled sidewalk or other faulty public infrastructure causes injury.
- Another third party that creates or allows unsafe conditions at the property might also be liable.
How is Negligence Proven?
If you’ve been injured in a slip and fall accident in Chicago, it’s essential to consult with an experienced attorney who can assess your claim and guide you through the legal process.
Your lawyer will handle the next steps, which typically involve the following:
- Investigating and gathering evidence – Your attorney will determine the cause of your accident, identify the liable parties, and gather evidence such as medical bills, photos and videos, witness statements, and other documentation to support your case.
- Filing your claim – Your attorney will prepare and file all the necessary paperwork.
- Negotiating with the liable party and their insurer – Your lawyer will aim to reach a settlement that fairly compensates you for your injuries.
- Litigating the case – If the opposition fails to offer a settlement that fully compensates you for all your losses, your attorney will file a lawsuit and take the case to trial if necessary. However, they will continue negotiating for a settlement until the jury returns a verdict.
If your lawyer can secure a settlement or win a verdict in your favor, you can then collect compensation for your injuries.
City of Chicago Local Laws for Sidewalk Maintenance and Snow/Ice Removal
According to the City of Chicago municipal code, “Every owner, lessee, tenant, occupant or other person having charge of any building or lot of ground abutting upon any public way or public space shall remove the snow and ice from the sidewalk…” It is everyone’s responsibility to make sure the sidewalks are clear of snow and ice. We are all pedestrians and benefit from having a safe, clear, and continuous path to travel.
The City of Chicago municipal code requires individuals to clear a 5-foot-wide path along the sidewalk, where conditions allow. This width allows pedestrians in wheelchairs, people with children in strollers, students walking to school, and individuals with assistive devices mobility and access.
Clearing Snow/Ice from Your Sidewalk
If the snow stops falling before 4 p.m. you have three hours to clear your sidewalks except on Sunday. If the snow stops falling after 4 p.m. or on Sunday, clear your sidewalks before 10 a.m. on the next day.
- Remove snow along ALL the sidewalks adjacent to your property.
- Move snow to your yard or the parkway adjacent to your property.
- Do not push snow from the sidewalk into the street.
- Do not cover the crosswalks with snow.
- Do not block alley entrances with snow.
Reporting Unsafe Sidewalk Conditions
Make a “Snow – Uncleared Sidewalk” request to the City of Chicago 311 Service Request line. Dial 311 or online at www.cityofchicago.org/311. People who live outside the City of Chicago may call 312.744.5000
When making a “Snow – Uncleared Sidewalk” request:
- Make sure the problem occurs on the sidewalk.
- DO NOT use this category to report snow on streets, parking lots, or alleys.
- Provide a specific address where the issue occurs.
- Request a reference number from the operator, this will help you track the status and resolution of your request.
Sidewalk slip and fall accidents can result in serious injuries, but understanding your rights and the legal processes involved is key to seeking the compensation you deserve. Whether it is identifying liability, gathering evidence, or navigating local regulations, having the right legal support makes all the difference.
If you’ve been injured in a sidewalk slip and fall, don’t hesitate to consult an experienced attorney from The Illinois Hammer who can advocate for your rights and guide you through every step of the process. With the proper assistance, you can focus on your recovery while pursuing the justice and compensation to which you are entitled.
