How to Prove A Slip And Fall Case in Illinois
October 7, 2019
According to Injury Facts, slip and fall accidents were ranked the number 1 nonfatal preventable injury in 2017. Everyone is bound to slip and fall at some point in their lives and it’s important to know your rights. For example, if you go to the grocery store and slip on a wet spot, do you have the right to sue? If you choose to file a claim, your lawyer will need to prove that the property owner was responsible for your injuries. There are many factors that go into proving fault and ultimately winning a slip and fall case. This post will dive deeper into a few key pieces involved in a slip and fall case.
PROVING DUTY
The first question you should always ask is, could the property owner have prevented the accident? Was the property owner even aware of the potential hazard that caused the accident? This vital piece of the puzzle is usually referred to as, “duty.” The property owner has the obligation to keep the property safe from dangerous conditions that would cause a person to slip and fall. There is often a question that arises around what is reasonable duty for the property owner? And shouldn’t the person who slipped have exercised more caution? Well, below are some general points the could be proven to win a case:
TYPES OF NOTICE
Usually, it must be shown that an owner, manager, or another person with duty of care should have known of the dangerous condition because any other “reasonable” person in the same position would have known. This implies that the person with a duty of care acted unreasonably by not preventing the injury. This can be a very difficult part of the case because you have to prove whether or not a duty was owed to the injured party. There are two types of notice that can arise:
- Actual notice– This is when the person with duty of care had knowledge of the dangerous condition that caused the injury. This person was actually informed of the condition either by being told or seeing it in person. Actual notice is a very straightforward concept and makes proving fault easier.
- Constructive notice– This means that the person with duty of care should have known about the dangerous condition under the given circumstances while exercising reasonable diligence. This can be more difficult to actually prove because there are a lot of factors to take into consideration. For example, how long did the condition exist and where is it located?
Along with duty, notice is an extremely important aspect of the case to prove. As you can see, there are many factors at play and each situation is different. That’s why it’s important to work closely with an experienced personal injury attorney to make sure you get the most compensation for your injuries.
PROVING HAZARD AND FAULT
In addition to duty and notice, there are a couple more things that should be proven in a solid slip and fall case. First of which is, you need to be able to prove that the condition that caused the injury was in fact a “hazardous condition.” While it may seem obvious to the person that fell that the condition was hazardous, it’s not always as easy to prove to a judge. A condition is considered “hazardous” if it poses foreseeable risk of harm. Potentially hazardous conditions include: uneven walkways, broken floor tiles, icy sidewalks or parking lots, etc. Finally, there needs to be evidence showing that the hazard was responsible for the injuries, proving causation.
Once the situation is deemed hazardous and shown to cause injuries, there are some questions the victim of the fall might be asked when considering who’s at fault for the injuries incurred. For example:
- Were you engaging in any acts that could have prevented you from noticing the hazardous condition? Some examples include: texting, talking on the phone, etc.
- Were you legally allowed to be on the property where the accident occurred? Was there a legitimate reason for you to be on the property owners premises?
- Did you ignore any signs that warned you of the potential hazard such as a caution sign?
- Would a person of reasonable caution in the same situation have acted the same way? In other words, was there a more reasonable way to proceed that would have lessened the chances of injury?
These are all questions that the defense could use to prove that the person that fell was acting careless. In Illinois, you must be less than 51% at fault to recover any damages. This system is called Modified Comparative Negligence. Different states follow different rules regarding liability so it’s important to work with a lawyer that understands your state’s specific rules.
WHITESIDE AND GOLDBERG, LTD.
If you’ve been injured in a slip and fall accident, it’s crucial that you contact a personal injury attorney as soon as possible. If you think you have a claim in the Chicago area, reach out to Whiteside & Goldberg, Ltd. They have experience proving and winning many slip and fall cases and will work hard to get you the compensation you deserve. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on slip and fall lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office.
The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
Victims of Hidden Camera at TJ Maxx in Machesney Park May Have Legal Rights Victims of a hidden camera discovered in a TJ Maxx dressing room in Machesney Park, Illinois may have the right to pursue legal action. Whiteside & Goldberg is actively investigating claims involving unlawful video recording and invasion of privacy tied to this incident. If you used the women’s dressing room at the TJ Maxx location between May 1, 2025 and February 28, 2026 , you may have been affected—even if you were unaware at the time. What Happened at the TJ Maxx in Machesney Park? A criminal investigation revealed that a store manager allegedly placed a hidden recording device inside the women’s dressing room at the Machesney Park TJ Maxx. The device was discovered after a customer reported seeing what appeared to be a camera. Law enforcement, including the Winnebago County Sheriff's Office, is continuing to investigate the situation. Authorities have asked anyone who may have used the dressing room during the affected timeframe to come forward. Contact Detective Valdivieso: (815) 319-6406 Who May Be Affected by This Incident? You may be eligible to take legal action if: You used the women’s dressing room at the Machesney Park TJ Maxx Your visit occurred between May 1, 2025 and February 28, 2026 You were unknowingly recorded or potentially recorded You experienced emotional distress, embarrassment, or privacy violations This may include: Customers Minors Employees Your Legal Rights After a Hidden Camera Privacy Violation Illinois law provides strong protections for individuals in private spaces like dressing rooms. Victims of hidden camera incidents may be entitled to pursue claims for: Invasion of Privacy Intentional Infliction of Emotional Distress Negligence by the business or property owner Failure to provide a safe and secure environment Even if you are unsure whether you were recorded, you may still have a valid claim if you were exposed to the risk of surveillance in a private setting. What Compensation Could Victims Receive? There is no fee unless we win. We do it on contingency which means you don’t pay us unless we win and get you a settlement What To Do If You May Be a Victim If you believe you may have been affected: Contact law enforcement to report your experience Document any details you remember (dates, times, visits) Avoid discussing details publicly before speaking with an attorney Contact a qualified privacy rights lawyer to understand your options Free Confidential Consultation for TJ Maxx Victims If you or someone you know may have been impacted by the hidden camera incident at the Machesney Park TJ Maxx, contact Whiteside & Goldberg today. Call: (312) 334-6875 Email: info@wglawgroup.com Your consultation is free, confidential, and comes with no obligation . There may be limited time to file a claim, so it is important to act quickly. Frequently Asked Questions (FAQs) Can I sue TJ Maxx for a hidden camera in a dressing room? Yes. Victims may have legal claims for invasion of privacy, negligence, and emotional distress. Businesses have a duty to protect customers in private areas. How do I know if I was recorded? You may not know for certain. However, if you used the dressing room during the affected timeframe, you may still be eligible to pursue a claim. Is there a deadline to file a lawsuit? Yes. Illinois law limits the time you have to file a claim. Speaking with an attorney as soon as possible is important to protect your rights. What if my child used the dressing room? Minors who may have been affected could have additional legal protections. Parents should contact an attorney immediately. How much does it cost to hire a lawyer? Most cases like this are handled on a contingency basis, meaning you pay nothing unless compensationWhiteside & Goldberg
According to NHTSA , motorcyclists only make up about 5% of all drivers. Yet, research shows that fatal motorcycle accidents happened 27 times more often than passenger car occupant accidents in 2017. Therefore, it’s important to know what you should do after a motorcycle accident whether you are the rider, the passenger vehicle driver, or just an innocent bystander. While there are things you can do to protect yourself against a motorcycle accident, even the most careful drivers can find themselves in unavoidable accidents. Immediately after an accident, your adrenaline will be pumping, and you may be in a state of shock. Learning what steps to take now will help you react properly should you ever need to. Keep reading to learn 6 easy steps to take after a motorcycle accident. WHAT TO DO AFTER A MOTORCYCLE ACCIDENT Accidents of any kind tend to happen when you are least expecting it. Maybe it’s your usual commute that you drive every day, or maybe you’re just running a quick errand. The NHTSA reports that approximately 52 percent of all accidents occur within a five-mile radius of home and 69 percent of all car accidents occur within a ten-mile radius from home. To avoid being caught off guard too much, it’s best to always expect the unexpected and drive defensively at all times. 1. Get to safety The first thing you should do is analyze your surroundings and current situation. Are you in harm’s way? Are you badly injured? If possible, remove yourself from the roadway and out of traffic. Check to see if anyone else was involved in the accident and help them get to safety as best as you can. 2. Do not remove your protective gear After an accident, you may be in shock and the adrenaline may be preventing you from feeling any pain or injuries. Always keep this in mind and wait for paramedics to arrive before you remove your helmet and other gear to avoid exacerbating injuries. 3. Call 911 After you have gotten to safety and before you remove any protective gear, call 911 to report the accident. Depending on the severity of the accident, police and paramedics may come to the scene. 4. Seek medical attention Even if you don’t think you’re injured, it’s always best to get checked out by a medical professional after any accident. Serious injuries may not be apparent right away and sometimes it will take days, weeks, or months for symptoms to appear. If you were on a motorcycle during the accident, you are extremely susceptible to broken bones and serious internal damage and bleeding. 5. Gather evidence No matter the accident, it’s always a good idea to gather evidence immediately after. This means taking your own pictures, writing notes, and obtaining a copy of the police report. Speak with the other driver to swap insurance information and any other contact information. 6. Speak with a lawyer and your insurance company When is the best time to speak with a personal injury lawyer? The sooner, the better. Hiring a qualified motorcycle accident lawyer can make all the difference in your insurance settlement. Most of the time, insurance companies will offer you the lowest amount possible, but an accident attorney can help negotiate with insurance companies. It’s always a good idea to consult with a lawyer before accepting any settlement. Your lawyer will usually speak with your insurance company on your behalf, but regardless of who contacts your insurance, you should always speak with them in a timely manner. These are the 6 steps to take immediately after a motorcycle accident. In addition, it’s important to note that you should never admit fault if you were just in an accident. Even if you think you made a mistake or could have avoided the accident, words of fault could be used against you. This applies when speaking to the other driver, police officers, and insurance companies. STATUTE OF LIMITATIONS If you are involved in a motorcycle accident, you are entitled to sue for damages when injuries or fatalities result. When motorcycles are involved, the severity of injuries dramatically increase. As with any personal injury case, there is a statute of limitations during which a claim should be filed. In Illinois, the injured party has 2 years from the date of the accident to file a claim. However, there are a few exceptions to this rule. The time to file a case may be extended if you were under the age of 18 or if you were mentally incompetent at the time of the accident. The time to file may be shortened if the accident involved a government vehicle or if you are filing a wrongful death claim on behalf of someone who died in the accident. In order to receive the maximum compensation for your injuries, you should reach out to a personal injury attorney right away. WHITESIDE & GOLDBERG, LTD. As you can see, there are many crucial steps to take quickly after being involved in a motorcycle accident in order to file a successful personal injury claim. To sum it up, you should: Seek out prompt medical attention Take pictures and notes Obtain copies of all medical records and police reports Hire an experienced attorney to help you file a claim within the statute of limitations Whether you have sustained minor or life altering injuries, we encourage you to follow the steps and set yourself up for success by working with a qualified personal injury lawyer. If you are in the Chicago area, Whiteside & Goldberg Law Group offers free consultations for anyone who would like to discuss their case. No matter the severity of your accident and injuries, it is always important to contact an experienced lawyer to help you recover any losses or damages. The attorneys at Whiteside & Goldberg Law Group never charge a fee until they win a settlement for you. You can contact them today at by calling 312-334-6875 for the Whiteside & Goldberg Law Group Michigan Avenue location and 815-730-7535 for their Shorewood office. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
While driving, it is not only important to keep your eye out for other vehicles around you, but also for pedestrians near the road or crossing streets. According to the CDC , there were 5,977 pedestrians killed and 137,000 injured in auto accidents in in 2017 in the United States. In Illinois alone there were a total of 4,940 pedestrian accidents in 2017. DETERMINING FAULT When determining who is at fault in an accident involving a pedestrian it is important to take into consideration many different factors. The main determining factor to establish who is at fault, is in regard to negligence. Negligence, according to FindLaw , is the “failure to do (or not do) something that a reasonable person in a similar situation would do, to protect others from foreseeable risks”. In order to obtain compensation for damages or injuries, the injured person must prove that the person at fault meets the following criteria: Owed a legal duty to the plaintiff. Failed to follow through with the legal duty. Caused the accident involving the plaintiff. The plaintiff was injured as a direct result of the accident caused. In some cases, there may be multiple liable parties. The main parties that could all be held liable would include first, the most obvious case, the driver of the vehicle that caused the accident. However, in other circumstances, whoever is responsible in maintaining the sidewalk, crosswalk, road or parking lot where the accident occurred, or even the pedestrian themselves could also hold liability. D  UTY OF CARE DRIVER By getting behind the vehicle and making the active decision to drive a car, you take on a driver’s duty of care. This means that you are liable to exercise a reasonable amount of care when performing this action. Failing to commit to and practice this duty of care would be considered negligence. Thus, leaving you liable for any harm or injury occurring due to your lack thereof. Some basic duties of care as a driver include: Following the speed limit Yielding to pedestrians at crosswalks Following traffic signals/lights/signs Signaling when turning or changing lanes Giving your full attention to driving (no distractions) Not driving under the influence (alcohol/drugs) Being aware of the weather or traffic conditions and practicing extra caution when needed Use a greater degree of care when driving in areas where children are present PEDESTRIAN Even though pedestrians may generally have the “right of way” in most circumstances, they also have a duty of care to maintain. Failure to comply can result in “contributory negligence” if their lack of care contributed to their resulting injuries in an accident. Duties of care as a pedestrian include: Following the signals at an intersection, and only walking when the “walk” signal is displayed. Using only designated crosswalks to cross streets. Using reasonable caution when deciding to cross a street by checking both ways to ensure no cars are coming. Not walking out in front of a moving vehicle in the street. In Illinois, pedestrians have the right-of-way in most cases. According to the Illinois Vehicle Code , pedestrians still have to follow their basic duty of care by not walking out in front of a moving vehicle, use designated crosswalks, and follow all other designated traffic signals. However, if attempting to cross the street in an area with a lack of traffic signals a driver still must yield. Additionally, in the state of Illinois, hitchhiking as a pedestrian is illegal. Illinois follows the “modified comparative fault theory”. Meaning that if the plaintiff is deemed at least 51% responsible for the accident, they will not be able to collect compensation. If the plaintiff is less than 51% responsible, then compensation may be obtained from the defendant. However, due to the modified comparative fault theory, compensation will accurately represent the degree of fault by subtracting the plaintiff’s percentage of fault. RISKS The CDC has provided information in regard to what circumstances a pedestrian accident may be more likely to occur, and who is most often involved. In order to do your best to reduce these types of accidents it is important to recognize when you should be more alert when operating a vehicle, and when you should not be driving at all due to impaired judgement. ALCOHOL Approximately 47% of accidents causing a pedestrian death involved alcohol levels above .08 g/dL in either the driver and/or pedestrian ELDERLY & CHILDREN 20% of pedestrian deaths and 10% of injuries consisted of pedestrians ages 65 and older (2017). About 20% of children 15 years or younger killed in traffic accidents were pedestrians (2017). SPEED Driving at high speeds will increase the chances of hitting a pedestrian and the severity of injury. TIME/LOCATION The majority of pedestrian deaths tend to happen at night in urban, non-intersection locations. HOW TO STAY SAFE Only cross the street using designated crosswalks. Walk on the sidewalk, not in the street. Wear reflective clothing when out at night. Be aware of your surroundings. Limit use of earbuds or phone when walking near a road. WHITESIDE & GOLDBERG, LTD. If you have been involved in an auto accident with a pedestrian, whether you were the driver, or the pedestrian, we encourage you to set yourself up for success by working with a qualified personal injury lawyer. If you are in the Chicago area, Whiteside & Goldberg Law Group offers free consultations for anyone who would like to discuss their case. No matter the severity, it is always important to contact an experienced lawyer to help you recover any losses or damages. The attorneys at Whiteside & Goldberg Law Group never charge a fee until they win a settlement for you. You can contact them today at by calling 312-334-6875 for the Whiteside & Goldberg Law Group Michigan Avenue location and 815-730-7535 for their Shorewood office. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
