Premises Liability

Slip & Fall Lawyer

Property owners have a legal duty to keep their premises safe. When they fail and you get hurt, I hold them accountable.

Last updated: January 2026·Written by Christopher Gutierrez, Esq.

No Fee Unless You WinFree ConsultationIL & AZ LicensedHablo Español

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Your Attorney

Christopher Gutierrez

Personal Injury Attorney

Illinois & Arizona State Bars

U.S. Court of Appeals, 7th Circuit

Available 24/7 · Hablo Español

(855) 444-5227

Written by Christopher Gutierrez, Esq.

Personal Injury Attorney · Licensed in Illinois & Arizona

"I don't have a case. It was just an accident."

I hear this all the time. People fall, get hurt, and assume it's their own fault or just bad luck.

But here's the truth: property owners have a legal duty to maintain safe premises. When they know about a hazard—or should have known—and fail to fix it or warn about it, they're responsible for injuries that result.

That wet floor at the grocery store. The broken staircase at your apartment. The icy parking lot at the shopping center. If someone knew about the danger and didn't address it, you have a case.

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Case Types

Types of Cases I Handle

Wet Floor Accidents

Spilled liquids, freshly mopped floors without warning signs, leaky freezer cases, tracked-in rain or snow. Stores are required to clean up hazards promptly or warn customers about them.

Uneven Surfaces

Cracked sidewalks, uneven floor tiles, torn carpeting, unexpected steps. Property owners must maintain walking surfaces and warn about known hazards.

Poor Lighting

When you can't see where you're going, you're more likely to trip and fall. Inadequate lighting in stairwells, parking lots, and hallways is negligence.

Inadequate Handrails

Stairs without proper handrails violate building codes and create fall hazards, especially for elderly visitors.

Ice and Snow

In Illinois and Arizona (yes, it does happen in Arizona), property owners have varying duties to clear ice and snow.

Debris and Obstacles

Extension cords, merchandise in aisles, fallen stock—anything that creates a tripping hazard can be grounds for a claim.

Take Action

What to Do After Your Accident

The steps you take after an accident can make or break your case.

Report the Incident

Tell the property owner or manager immediately. Ask for a copy of the incident report—they're required to create one.

Document Everything

Take photos of what caused your fall, the surrounding area, and any warning signs (or lack thereof). Get witness names and numbers.

Get Medical Attention

See a doctor even if you think your injuries are minor. Some injuries worsen over time, and medical records are crucial evidence.

Preserve Your Clothing

Don't wash or discard the shoes and clothes you were wearing. They may be evidence.

Don't Give Recorded Statements

The property owner's insurance will call. Don't give a recorded statement until you've talked to an attorney.

Call Me Quickly

Surveillance footage gets deleted. Witnesses forget. The sooner I'm involved, the better I can preserve evidence.

Common Causes

01Wet or slippery floors

02Uneven or damaged flooring

03Poor lighting conditions

04Missing or broken handrails

05Cluttered walkways

06Ice and snow accumulation

07Loose carpeting or rugs

08Unmarked elevation changes

Common Injuries

Broken hips and pelvis

Wrist and arm fractures

Traumatic brain injury

Spinal cord injuries

Knee and ankle injuries

Shoulder injuries

Soft tissue damage

Head trauma

Illinois vs. Arizona Law

Understanding the differences in state law can significantly impact your case.

Illinois

Illinois premises liability law requires property owners to maintain reasonably safe conditions for lawful visitors. You must prove the owner knew or should have known about the hazard. Modified comparative fault applies—you can recover if less than 50% at fault.

Arizona

Arizona law holds property owners liable when they fail to maintain safe premises. Pure comparative fault applies, meaning you can recover even if partially at fault. The statute of limitations is 2 years.

Compensation You May Recover

If someone else caused your accident, they may be responsible for:

Medical bills (past and future)

Surgery and rehabilitation costs

Lost wages and earning capacity

Pain and suffering

Permanent disability

Emotional distress

Loss of enjoyment of life

Home modification costs

Your Case Process

Step 1

Free Consultation

I'll review what happened and give you an honest assessment of your case. No fee unless we win.

Step 2

Preserve Evidence

I send preservation letters demanding surveillance footage and incident reports before they're deleted.

Step 3

Investigation

I gather all evidence including maintenance records, prior complaints, and witness statements.

Step 4

Negotiate or Litigate

I'll negotiate for fair compensation, and if needed, take your case to trial to hold them accountable.

Frequently Asked Questions

What if I was partially at fault for my fall?

You may still have a case. In Arizona, you can recover even if you're mostly at fault. In Illinois, you can recover if you're less than 50% at fault. I'll investigate the circumstances and give you an honest assessment.

How long do I have to file a slip and fall claim?

Two years in both Illinois and Arizona. But evidence disappears quickly—especially surveillance footage. Contact me as soon as possible after your fall.

What compensation can I recover?

Medical bills, lost wages, pain and suffering, and future medical costs. Falls can cause serious injuries—broken hips, head injuries, back problems—that require ongoing treatment.

What if the store says there was a warning sign?

Warning signs don't automatically excuse a property owner. The sign must be visible and adequate. I'll investigate whether proper warnings were in place.

Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is different. Contact me for a free consultation to discuss your specific situation.

Christopher Gutierrez is licensed to practice law in Illinois and Arizona.

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(855) 444-5227

About the Author

Christopher Gutierrez, Esq.

Christopher Gutierrez is a bilingual personal injury attorney licensed in both Illinois and Arizona.

Illinois State BarArizona State Bar

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