Slip and Fall Lawsuit in Illinois

Illinois applies a unified reasonableness standard to premises liability under Kahn v. James Burton Co. (1995), which abolished the distinct duty rules for trespassers in most situations and adopted a general reasonable care standard for all entrants, including child trespassers on properties where their presence is foreseeable. For adult trespassers, Illinois courts still apply the traditional willful and wanton conduct standard. Business invitees are owed a duty of reasonable care to inspect, maintain, and warn. Illinois courts also recognize a duty to maintain common areas of multi-unit dwellings under the Illinois Landlord-Tenant Act, 765 ILCS 720.

Illinois imposes a two-year statute of limitations for personal injury claims under 735 ILCS 5/13-202. Claims against Illinois local public entities and public employees are governed by the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10. Claimants must provide written notice within one year of the incident as a condition precedent to suit against most local government entities; the notice must describe the injury, the circumstances, and the claimant's address. The Illinois Court of Claims has exclusive jurisdiction over claims against the State of Illinois itself.

Illinois follows a modified comparative fault system under 735 ILCS 5/2-1116, using the 51% bar rule. A plaintiff found more than 50% at fault is barred from any recovery. Plaintiffs at 50% or less may recover damages reduced by their proportionate fault. Illinois abolished joint and several liability except for defendants more than 25% at fault for cases involving bodily injury; for economic damages, defendants retain joint and several liability. Fault is apportioned among all parties including non-parties identified during discovery as responsible.

Illinois follows the natural accumulation rule, under which property owners have no duty to remove naturally accumulating snow and ice unless they have undertaken to do so and created a more dangerous condition. If an owner removes snow or applies ice melt and does so negligently, liability can attach. Many Chicago municipal ordinances impose active snow removal duties on property owners within a prescribed time after snowfall, and breach of these ordinances can constitute evidence of negligence per se in a civil slip-and-fall claim.