Filing a Lawsuit Against an Illinois Grocery Store for a Slip-and-Fall Case

 Posted on November 30, 2025 in Premises liability

Grocery stores owe customers a duty to maintain reasonably safe premises. When they fail in that duty and you get hurt in a slip-and-fall or other accident, Illinois law allows you to seek damages. Understanding how premises liability works and what you need to prove helps you know if you have a valid case.

Our Des Plaines, IL personal injury attorney can talk you through your case and help you decide whether you want to move forward. We offer free consultations and contingency billing, so you risk nothing by talking to us and you only pay if we win your case.

What Do You Have to Prove in a Grocery Store Slip-and-Fall Case?

Illinois law under 740 ILCS 130/ addresses negligence standards for premises liability. The law requires you to prove several things: 

• First, the store owed you a duty of care. Grocery stores owe customers the highest duty of care under Illinois law. They must inspect their premises regularly, fix hazards, and warn customers about dangers they cannot immediately fix.

• Second, you must prove the store breached that duty. This means showing the store knew or should have known about the dangerous condition and failed to address it. A spill that just happened seconds before you fell is different from a spill that sat there for 30 minutes while employees walked past it.

• Third, you need to prove the breach caused your fall and injuries. Your injuries must result directly from the hazardous condition, not from your own carelessness or an unrelated cause.

• Fourth, you must show you suffered actual damages. Medical bills, lost wages, pain and suffering, and other losses all count as compensable damages.

How Do You Prove the Store Knew About a Hazard?

Proving knowledge is often the most challenging part of grocery store slip-and-fall cases. Illinois courts recognize two types of knowledge: actual and constructive. Actual knowledge means store employees knew about the hazard. For example, maybe someone told an employee about a spill and they did nothing, or an employee actually created the hazard by mopping and leaving the floor wet without warning signs.

Constructive knowledge means the hazard existed long enough that the store should have discovered it through reasonable inspection. If a jar of sauce broke in an aisle and sat there for an hour, the store should have found it during regular checks. 

Evidence that the store knew about a dangerous condition might include surveillance video showing how long the hazard existed, witness testimony from other customers who saw the spill before your fall, incident reports showing employees knew about the problem, or store inspection logs or lack thereof proving the store was not checking aisles regularly. Every case is different. Your attorney will help you find the right evidence to prove why your injuries happened. 

How Long Do You Have to File a Lawsuit in a Slip-and-Fall Case?

Illinois law under 735 ILCS 5/13-202 gives you two years from the date of your injury to file a personal injury lawsuit. Missing this statute of limitations deadline means losing your right to sue permanently.

Two years sounds like plenty of time, but it goes quickly. Building a strong case takes time. Your lawyer needs to investigate, gather evidence, and negotiate with the store's insurance company. Starting early gives you the best chance of success.

Call a Des Plaines, IL Personal Injury Lawyer Today

Grocery store slip-and-fall cases require proving the store was negligent and that negligence caused your injuries. Having focused, experienced legal help makes the difference between recovering fair compensation and getting nothing.

Our Glenview, IL personal injury attorney is experienced in premises liability cases and focused on getting people the help they need. Contact Quinn Law Group, LLC at 847-232-7180 for a free consultation about your grocery store fall case. We understand what it takes to prove negligence and hold stores accountable when their carelessness causes injuries. Let us help you get the compensation you deserve.