Illinois Slip and Fall Lawyers: Understanding Premises Liability, the Open and Obvious Doctrine, and the Distraction Exception (2025 Update)
Premises Liability and Slip and Fall Cases in Illinois
If you were injured on someone else’s property — in a store, parking lot, apartment complex, or business — you may have the right to recover compensation.
At McHargue & Jones, LLC, our experienced Chicago premises liability lawyers help injury victims hold negligent property owners accountable.
Premises liability law in Illinois requires property owners and businesses to maintain reasonably safe conditions. When they fail to do so and a hazard causes a slip and fall accident or other injury, they can be held financially responsible.
Understanding the “Open and Obvious” Doctrine
Illinois law recognizes that some dangers are so apparent that a reasonable person would notice and avoid them. This is the “open and obvious” doctrine.
Under the Illinois Premises Liability Act, a property owner’s duty of reasonable care generally does not include warning about hazards that are:
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Already known to the visitor
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Open and obvious
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Could reasonably be discovered by the visitor
For example, if a shopper clearly sees a large spill or broken step and walks on it anyway, the owner may argue that the danger was open and obvious — limiting liability.
The “Distraction Exception” to the Open and Obvious Rule
Illinois courts also recognize the distraction exception, which protects victims who were distracted by conditions on the property — not by their own unrelated conduct.
If a property owner could reasonably foresee that something on the premises would draw attention away from an otherwise obvious hazard, they may still be liable.
Examples include:
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A store places an eye-catching display near a wet floor
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A property owner directs a visitor’s attention away from a hazard
Even where the danger was “obvious,” a slip and fall claim may still succeed if the distraction was foreseeable and created or permitted by the owner.
Premises Liability for Workers Injured on the Job
Premises liability doesn’t just apply to customers or the general public — many cases involve workers injured while doing their jobs on someone else’s property or business premises.
Common examples include:
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Electricians, plumbers, and maintenance technicians hurt inside commercial buildings
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FedEx, UPS, and Amazon delivery drivers injured while delivering to unsafe premises
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Construction workers injured on multi-employer job sites where another company controls site conditions
When workers are injured due to unsafe property conditions, they often have two overlapping claims:
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a (WC) claim through their employer, and
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a personal injury (PI) claim against the third party (e.g., the property owner, general contractor, or another business).
These are called third-party liability cases — and we handle them frequently. Pursuing both claims can significantly increase total recovery. If you are a worker injured on another company’s premises, you may be entitled to workers’ comp benefits and additional compensation from the responsible third party.
When You May Have a Premises Liability Claim
You may be entitled to compensation if your slip and fall or other injury was caused by:
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Wet or icy floors without warning signs
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Uneven sidewalks or broken pavement
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Poor lighting in stairwells or hallways
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Unsafe store displays or cluttered aisles
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Failure to clear snow or ice from entryways
Our Illinois slip and fall attorneys investigate what caused your accident, analyze whether the open and obvious doctrine applies, and determine if the distraction exception or third-party liability strengthens your claim.
How Our Chicago Premises Liability Lawyers Can Help
At McHargue & Jones, LLC, we fight for injury victims throughout Chicago and across Illinois. When you work with us, we will:
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Investigate the scene and secure evidence
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Interview witnesses and evaluate property conditions
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Identify liable parties (including third parties on worksites)
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Coordinate your workers’ comp and personal injury strategies when both apply
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Negotiate with insurers — or take your case to court when needed
We handle premises liability, slip and fall, and third-party liability matters on a contingency-fee basis — no fees unless we recover compensation for you.
Frequently Asked Questions (FAQ)
1) What should I do after a slip and fall accident in Illinois?
Seek medical care, report the incident to the owner/manager, and document the scene with photos and witness information. Then speak with a slip and fall lawyer to protect your rights.
2) Can I sue a store for a slip and fall in Illinois?
Yes. If negligence — such as failing to clean a spill or warn of a hazard — caused your injury, you may bring a premises liability claim. Even if the danger was “open and obvious,” the distraction exception may apply.
3) What is the “open and obvious” rule?
It limits an owner’s duty to warn about hazards a reasonable person would notice. However, exceptions exist — especially when the owner creates or permits distractions that make the hazard effectively unavoidable.
4) What is the “distraction exception”?
When a foreseeable distraction on the premises draws attention away from an obvious danger, the owner may still be liable for resulting injuries.
5) I was injured while working on another company’s property. Do I have a case?
Possibly two cases: a workers’ compensation claim through your employer and a personal injury claim against the third party who controlled the unsafe premises. These are third-party liability cases, and we handle them regularly.
6) How long do I have to file in Illinois?
Most personal injury claims must be filed within two years of the injury (deadlines can vary). Workers’ comp has separate notice and filing requirements — talk to a lawyer promptly to protect both claims.
7) Do I need a lawyer for a slip and fall or third-party case?
Yes. An experienced premises liability attorney can gather evidence, coordinate your WC and PI strategies, and pursue full compensation for medical bills, lost wages, and pain and suffering.
Get a Free Consultation Today
If you were injured in a slip and fall or on unsafe property — whether as a visitor or while working on another business’s premises — contact McHargue & Jones, LLC today.
Our premises liability lawyers will explain your options under Illinois law and help you pursue the maximum recovery.
📞 Call (312) 739-0000 or submit our online form for a free consultation.
We proudly serve Chicago, Cook County, and surrounding Illinois communities.
McHargue & Jones, LLC
105 W Madison St Suite 1600 | Chicago, IL 60602
No Fees Unless We Recover Compensation