Imagine walking into your favorite store, expecting a quick errand — and then you find yourself suddenly on the floor after slipping on an unmarked wet spot. Even if you’re surefooted, accidents happen.
Unfortunately, such accidents are more common than people realize. Slips, trips, and falls can lead to serious injuries such as broken bones. According to NSC, in 2022, falls resulted in 46,653 fatalities at home and work in the United States.
When a slip and fall accident happens, determining fault can be a convoluted and confusing process. Illinois follows a modified comparative negligence rule, which means that both the property owner and the injured person may share responsibility. The percentage of fault assigned to each party can determine whether the victim receives compensation or walks away with nothing.
At Midwest Injury Lawyers, we’ve handled countless slip-and-fall cases – helping victims push back against unfair fault claims. This article explains how comparative negligence works in Illinois, how fault is determined, and what injured victims should know before pursuing compensation.
What Is Comparative Negligence in Slip and Fall Cases?
Slips, trips, and falls are among the leading causes of workplace injuries. Sometimes, the person who fell shares some level of responsibility for the accident.
This is where comparative negligence comes in — a legal principle that determines how much fault each party holds in an injury claim.
In Illinois, comparative negligence follows a 50% fault rule. This means:
- If the injured person is less than 50% at fault, they can still recover damages, but their compensation is reduced by their percentage of fault.
- If the injured person is 50% or more at fault, they cannot receive any compensation.
For example, if a court determines that a person was 30% responsible for their fall — maybe because they were looking at their phone — they can still receive 70% of their total damages. But if they were found 50% or more at fault, they get nothing under Illinois law.
This rule gives businesses, insurance companies, and property owners a strong incentive to shift blame onto the victim. If they can argue that the injured person was careless (IE, ignoring warning signs, wearing improper footwear, or simply not paying attention), it reduces or eliminates the amount they must pay.
How Comparative Negligence Affects Slip and Fall Claims
When a slip-and-fall accident happens, fault isn’t always clear. Fall injuries significantly impact the compensation a victim receives. Under Illinois’ modified comparative negligence rule, an injured person’s compensation is reduced by their percentage of fault.
However, if they are 50% or more responsible, they lose the right to recover damages entirely. This can make a significant difference in how much a victim receives — or whether they receive anything at all.
How Fault Percentage Impacts Compensation
For example, take some extreme weather conditions and consider someone who slips on an icy sidewalk outside a store. The business failed to salt or clear the walkway, but the injured person was also wearing shoes with poor traction and not wearing slip-resistant shoes.
If they are found 10% at fault, their total compensation is reduced by that amount. A $100,000 settlement would be cut to $90,000, a loss but still a substantial recovery.
In another case, a customer is walking through a grocery store while looking at their phone. They slip on a freshly mopped floor with no warning signs. While the store is at fault for failing to alert customers, the victim’s distraction also contributed to the fall. If they are considered 40% responsible, their $50,000 in damages would be reduced to $30,000.
When Victims Lose Their Right to Compensation Due to Fall Hazards
The stakes are even higher when fault exceeds 50 percent. A person who ignores multiple “Caution: Wet Floor” signs and rushes through a visibly wet area might be found 55% responsible.
Under Illinois law, this means they receive nothing — even if the business still played a role in the dangerous conditions.
Why Fault Is Often Contested
Because fault can be subjective, insurance companies and businesses often try to shift blame onto the injured person. Identifying risk factors, such as wet floors and uneven surfaces, plays a significant role in determining fault. A small difference in fault percentage can impact whether a victim gets full compensation, a reduced payout, or nothing at all.
This is why legal expertise is critical in slip-and-fall cases. A strong legal team will push back against exaggerated claims of negligence and gather evidence proving the property owner’s responsibility to help the victim secure the compensation they deserve.
Common Arguments for Comparative Negligence in Slip and Fall Cases
When a slip, trip, or fall happens, businesses and insurance companies often try to minimize their liability by shifting blame onto the injured person. Using proper fall protection equipment can help mitigate the risks associated with slips, trips, and falls.
Their goal is simple: reduce the compensation owed or eliminate it entirely by arguing the victim was responsible for their own accident.
How Businesses and Insurers Shift Blame
One of the most common tactics is to argue that the victim wasn’t paying attention. If a person slips while looking at their phone or rushing through a store, insurers may claim that their lack of awareness contributed to the fall.
Another frequent argument is that the victim was not using proper ladders for a task. If someone falls while using an inappropriate ladder, businesses may argue that the use of improper equipment puts them at greater risk.
Property owners also try to defend themselves by pointing to warning signs. If a “Caution: Wet Floor” sign was placed near a spill or cones were blocking off an icy patch, they may argue that the hazard was clearly marked, and the victim should have avoided it.
Why These Arguments Don’t Always Hold Up in Serious Injury Cases
While these defenses might seem strong, they don’t always excuse a business’s failure to maintain safe conditions. Maintaining safe walking surfaces is a key responsibility of property owners. A property owner still has a legal duty to keep walkways clear and take reasonable precautions to prevent slip and fall accidents.
For example, just because a wet floor sign was placed near a spill doesn’t mean the business acted responsibly. If the floor was left wet for hours without being dried, or if the hazard was in a high-traffic area with no alternate path, the business may still be at fault.
Similarly, footwear choices don’t automatically absolve a property owner of responsibility. While heels or sandals might not be ideal for winter conditions, a business still has a duty to salt icy sidewalks, repair uneven surfaces, and remove hazards that could injure any customer, regardless of what they’re wearing.
In many cases, courts look at the bigger picture — not just whether the victim made a minor mistake, but whether the property owner took reasonable steps to prevent harm. Even if an injured person shares some responsibility, the business’s negligence often outweighs small errors in judgment.
The Reality of Shared Fault on Walking Surfaces in Slip and Fall Cases
Many slip and fall victims assume that if they were partially at fault, they can’t file a claim — but this is far from the truth.
That means that even if someone was distracted, wearing the wrong shoes, or didn’t immediately notice a hazard, they may still be entitled to compensation. Comparative negligence doesn’t erase a valid claim. It simply adjusts how much a victim can recover.
The biggest mistake an injured person can make is assuming fault is black and white. Businesses and insurance companies often overstate a victim’s responsibility to minimize or deny a claim. However, the fault is rarely that simple, and in many cases, a business’s failure to maintain safe conditions outweighs any minor mistake made by the victim.
Instead of assuming a case is unwinnable, seek legal advice before making any decisions. A thorough legal review can determine whether a business is still liable, how the fault is being misrepresented, and whether a claim is worth pursuing.
Remember: Fault Isn’t Always Simple, and You Have Rights
A slip and fall accident isn’t always a matter of clear-cut negligence. Responsibility is often shared, and businesses rely on that uncertainty to avoid accountability. Insurance companies don’t just defend their clients. They actively look for ways to shift blame onto the injured person, knowing that even a small percentage of fault can reduce or eliminate a payout.
But fairness isn’t about who can make the best argument — it’s about who actually failed to keep people safe. Just because a business claims a victim was “partly responsible” doesn’t mean they weren’t still negligent.
If you’ve been injured, knowing your rights matters. Understanding how comparative negligence works is the first step toward protecting yourself, but taking action is what makes the difference.
Midwest Injury Lawyers: Learn How We Fight
At Midwest Injury Lawyers, we know how insurance companies operate — and we know how to push back. Our team has extensive experience handling slips, trips, and falls, challenging unfair blame, and securing the compensation our clients deserve. We also provide safety tips to help prevent slips, trips, and falls.
If you’ve been injured in a slip-and-fall accident, don’t let a business or insurer convince you that you don’t have a case.
Contact us today for a free consultation, and let’s fight for the justice you deserve.