What Happens in a Typical Slip and Fall Case?

Slip and fall accidents are among the most common causes of personal injury claims in the United States. According to the National Floor Safety Institute (NFSI), slips and falls result in over 1 million emergency room visits annually, accounting for 12% of all fall-related hospital visits. In Illinois, property owners have a duty to maintain safe premises, and when they fail to do so, victims have the right to seek compensation for their injuries.

In this blog, we’ll walk through a typical slip and fall case using a fictional example to explain how these claims are handled—from the moment of the accident to investigation, settlement, or trial.

The Incident: A Fictional Case

Maria, a 42-year-old teacher, visits a local grocery store to pick up some items. As she walks down the produce aisle, she slips on a puddle of water caused by a leaking refrigerator. Maria falls hard on her side, sustaining injuries to her hip and wrist. Store employees rush to her aid and call for an ambulance. At the hospital, Maria is diagnosed with a fractured wrist and a bruised hip, injuries that will require weeks of recovery and physical therapy.

Step 1: Seeking Immediate Medical Treatment

The first step in any personal injury case is medical attention. Maria’s visit to the emergency room ensures that:

Her injuries are treated promptly, preventing further complications.
Her medical records document the extent of her injuries, which becomes crucial evidence in her case.

Maria’s fractured wrist is placed in a cast, and she is referred to a physical therapist for rehabilitation. She also keeps all her medical bills and records, which her attorney will later use to calculate damages.

Step 2: Reporting the Incident

Before leaving the grocery store in the ambulance, Maria asks an employee to file an incident report. This report includes:

The time and location of the fall.
Witness statements from other customers and employees.
Photos of the puddle where Maria slipped.

The store manager apologizes and mentions that the refrigerator had been leaking for days, but no “wet floor” signs were placed in the area. This admission further supports Maria’s claim that the store knew of the dangerous condition and was negligent in maintaining a safe environment.

Step 3: Consulting a Personal Injury Attorney

After returning home, Maria consults an experienced Illinois slip and fall attorney. During the consultation, the attorney:

Reviews Maria’s medical records and the store’s incident report.
Explains Illinois’s premises liability law, which requires property owners to keep their premises safe for lawful visitors.
Outlines Maria’s rights to compensation for medical bills, lost wages, pain and suffering, and other damages.

Maria hires the attorney, confident that they will provide expert guidance and representation throughout the case.

Step 4: Investigating the Case

Maria’s attorney conducts a thorough investigation to build a strong case. This includes:

Examining store records: Requesting maintenance logs to determine if the store knew about the leaking refrigerator and failed to address it.
Collecting evidence: Gathering photos of the accident scene, security footage, and Maria’s medical records.
Interviewing witnesses: Speaking to other customers and employees who saw the fall or knew about the hazard.

The attorney also hires an expert in slip-and-fall accidents to assess the store’s negligence and explain how the hazard contributed to Maria’s injuries.

Step 5: Filing a Claim with the Store’s Insurance Company

Most businesses, including the grocery store in Maria’s case, carry liability insurance to cover accidents on their premises. Maria’s attorney files a claim with the store’s insurance company, seeking compensation for:

Medical expenses: Including emergency room visits, follow-up care, and physical therapy.
Lost wages: Covering the time Maria missed from work while recovering.
Pain and suffering: Reflecting the physical pain and emotional distress caused by the accident.

The insurance company assigns an adjuster to investigate the claim. As is common, the adjuster initially offers a low settlement, arguing that the puddle was “open and obvious” and Maria should have noticed the puddle and avoided it.

Step 6: Negotiating a Settlement

Maria’s attorney pushes back against the insurance company’s low offer, presenting compelling evidence of the store’s negligence. This includes:

Photos of the puddle and the leaking refrigerator.
Witness statements about the store’s failure to clean up the hazard or place warning signs.
Testimony from the expert witness explaining how the store violated safety standards.

After several rounds of negotiation, the insurance company agrees to settle for $75,000, covering Maria’s medical bills, lost wages, and pain and suffering. Most slip-and-fall cases resolve at this stage, avoiding the need for a trial.

Step 7: Preparing for Trial (If Necessary)

If the insurance company refuses to offer a fair settlement, the case may proceed to litigation. In Maria’s case, let’s consider what would have happened if negotiations failed:

Maria’s attorney would file a lawsuit against the grocery store, alleging negligence.
Both sides would exchange evidence during discovery, including depositions of store employees and experts.
Maria’s attorney would argue that the store had ample time to fix the leaking refrigerator or warn customers about the hazard.

At trial, the jury would decide whether the store’s negligence caused Maria’s injuries and, if so, how much compensation she deserves.

Step 8: Resolution

In most cases, slip-and-fall claims resolve through settlement, as in Maria’s case. However, when cases go to trial, a judge or jury determines liability and awards damages. If Maria’s case had gone to trial, her attorney’s preparation and evidence would likely have resulted in a favorable verdict.

Key Legal Concepts in Slip-and-Fall Cases

Premises Liability

Under Illinois law, property owners owe a duty of care to lawful visitors. This includes:

Inspecting the property: Identifying hazards that could cause injury.
Maintaining safe conditions: Fixing hazards in a timely manner.
Warning visitors of dangers: Placing signs or barriers around known hazards.

If a property owner fails to meet this duty and someone is injured as a result, they can be held liable for damages.

Comparative Negligence

Illinois follows a modified comparative negligence rule, meaning a plaintiff can recover damages as long as they are less than 50% at fault for the accident. For example, if the jury found Maria 20% at fault for not noticing the puddle, her damages would be reduced by 20%.

Why Accountability Matters in Slip and Fall Cases

Slip-and-fall cases are not just about compensation—they’re about holding negligent property owners accountable. Businesses and property owners have a responsibility to ensure their premises are safe for visitors. When they fail to do so, they put customers like Maria at risk of serious injury.

“Premises liability laws exist to protect everyone. When property owners neglect their duty to maintain safe conditions, justice demands accountability—not just for the injured, but for the safety of the entire community.” – John J. Malm, St. Charles slip and fall lawyer

Contact the Top-Rated Illinois Slip and Fall Attorneys at John J. Malm & Associates

At John J. Malm & Associates, we understand the challenges faced by slip-and-fall victims. With offices in Naperville and St. Charles, our award-winning team has recovered millions for personal injury clients across Illinois. With over 90 years of combined litigation experience, we are dedicated to helping fall victims secure the compensation they deserve.

Why Choose Us?

Proven Results: Millions recovered for personal injury clients.
Experienced Team: Decades of experience handling complex premises liability cases.
Personalized Attention: Tailored strategies and one-on-one support for every client.
No Fees Unless We Win: You don’t pay unless we recover compensation for you.

Contact John J. Malm & Associates to schedule your free consultation. Let us help you navigate the legal process after your fall and secure the compensation you deserve. Your recovery starts here.