Can You Sue if You Fall on a Sidewalk in Chicago?

Slipping and falling on a sidewalk can result in serious injuries, especially in a busy city like Chicago.  

Uneven pavement, ice, debris, or poorly maintained sidewalks can create hazards for pedestrians.

If you suffer an injury from a fall, you might wonder whether you can sue for damages. The answer will likely depend on a number of factors, like who owns the sidewalk, whether negligence was a factor, and how Illinois law applies to your specific situation. 

Determining Liability for a Sidewalk Fall 

Before filing a lawsuit, you need to determine who is responsible for maintaining the sidewalk.  

In Chicago, sidewalks can be owned by the city, private businesses, or homeowners, depending on the location. If the city owns the sidewalk, special rules apply when filing a claim. If a business or homeowner is responsible for maintenance, different legal standards may apply. 

Chicago generally holds property owners accountable for maintaining the sidewalks adjacent to their properties. However, there are limits to this responsibility.  For example, city ordinances may require property owners to clear snow and ice, but may not hold them liable for natural accumulations.

The first step in determining whether you have a valid slip and fall claim is identifying the responsible party. 

Proving Negligence in a Sidewalk Injury Case 

Successfully suing after a sidewalk fall requires that you be able to prove negligence. This means proving that the responsible party failed to maintain or repair the sidewalk in a reasonably safe condition, and it was that failure that directly led to your injury.  

Several factors can help establish negligence: 

• The sidewalk was in poor condition due to cracks, uneven pavement, or potholes. 

• Ice or snow had accumulated for an unreasonable amount of time. 

• There was debris or other hazards that should have been removed. 

• The responsible party knew about the hazard but failed to address it. 

You also need to show that the hazard was obvious. If any reasonable person could have seen and avoided the danger, it could be harder to prove premises liability.  

Filing a Claim Against the City of Chicago 

If your fall occurred on a sidewalk maintained by the city, filing a lawsuit becomes more complicated.  

Government entities have certain legal protections that limit their liability. In Illinois, the Local Governmental and Governmental Employees Tort Immunity Act can shield municipalities from some negligence claims.  

However, if the city had prior notice of a dangerous sidewalk condition and failed to fix it within a reasonable time, it may still be held liable. 

To file a claim against the City of Chicago, you must follow strict procedures. This includes submitting a formal notice of your claim within the required timeframe. Failure to meet these deadlines could result in you losing your right to seek compensation. 

Seeking Compensation for Your Injuries 

If you can prove negligence, you may be entitled to compensation for your injuries. This could include medical expenses, lost wages, pain and suffering, and other damages. The severity of your injuries and the circumstances of the fall will determine the potential value of your claim. 

Insurance companies and defendants may try to argue that you were partially at fault for your fall.  

Under our state’s comparative negligence laws, the compensation you get can be reduced if you’re found even partially at fault. For example, if you were texting on your phone instead of paying attention to the sidewalk in front of you, the defendant could claim that you share responsibility. 

Steps to Take After a Sidewalk Fall 

If you fall on a sidewalk in Chicago, taking the proper steps can help strengthen your case: 

• Get immediate medical attention to document your injuries. 

• Take photos and videos of what caused your fall. 

• Get full contact information from eyewitnesses who saw the accident. 

• Report the fall to the property owner or city. 

• Consult with an injury lawyer regarding your legal options. 

Falling on a sidewalk in Chicago can lead to serious consequences, but determining liability is not always straightforward. Whether the city, a business, or a property owner is responsible, proving negligence is essential to pursuing a claim.  

This is when the help of an experienced personal injury attorney at Thomas Law Office can be invaluable. 

Understanding the legal process and acting quickly can help you protect your rights and improve your chances of getting maximum compensation for your injuries.