Can You Sue for a Slip and Fall on Unsafe Stairs? 

When property owners fail to maintain staircases in Naperville, a quick trip to another floor can quickly spiral into a serious, long-term injury. If you’ve suffered a slip and fall on unsafe stairs, you may be wondering whether you can sue to recover compensation for your medical bills, lost wages, and other damages. The short answer? Yes—but only under specific legal conditions.

person laying on stairs after slip and fall accident

For a free case evaluation to determine whether you can sue for a stairway fall, contact our Naperville premises liability attorneys at Chute, O’Malley, Knobloch & Turcy by calling 312-775-0042.

In the meantime, here’s what you need to know about your rights, what makes a staircase legally unsafe, and how liability works when someone else’s negligence causes a fall.

When Is a Property Owner Liable for Injuries On Unsafe Stairs?

Under Illinois premises liability law, property owners have a legal obligation to keep their premises reasonably safe for guests, visitors, and tenants. That includes staircases.

You may be able to file a lawsuit against a negligent property owner if your fall injury resulted from:

  • Broken or crumbling stair treads

  • Loose or missing handrails

  • Inadequate lighting

  • Wet or slippery surfaces

  • Uneven risers or step heights

  • Building code violations

In short, if the stairs were unsafe and the owner knew—or should have known—about the danger, you may have a slip and fall accident case. This includes both commercial and residential property owners in the Naperville area.

Common Injuries from Stair-Related Falls

Falls down stairs often result in more than just bruised pride. Victims frequently suffer:

  • Fractured ankles or wrists
  • Torn ligaments or tendons
  • Concussions or traumatic brain injuries (TBIs)
  • Spinal cord damage
  • Hip fractures
  • Permanent disability

Injuries like these can leave you facing medical bills, lost wages, and long-term rehabilitation. That’s why it’s important to hold negligent parties accountable—and to do it fast, before someone else gets hurt.

What You Need to Prove in a Staircase Slip and Fall Lawsuit

To succeed in your premises liability lawsuit, your Naperville injury lawyer must show:

  1. A dangerous stair condition existed

  2. The property owner knew or should have known about it

  3. You were legally on the property (not trespassing)
  4. The unsafe condition caused your injury

Evidence might include accident reports, building code inspections, maintenance records, and even witness statements. Photos of the hazard can be especially powerful. If you can, take pictures immediately after the fall.

What If You Were Partly at Fault?

Illinois follows a modified comparative negligence rule. That means you can still recover damages if you were less than 50% at fault, but your compensation will be reduced by your share of the blame.

For example, if you were texting and didn’t notice a missing handrail, but the stairs were still in violation of code, you might be found 20% at fault. In that case, a $100,000 award would be reduced to $80,000.

Don’t let property owner and their insurance companies twist the story. An experienced attorney can protect you from blame-shifting tactics.

What Damages Can You Recover If You Sue for a Slip and Fall on Unsafe Stairs?

Depending on your injuries and circumstances, you may be entitled to:

  • Medical expenses (past and future)
  • Lost wages or diminished earning capacity
  • Pain and suffering
  • Disability or disfigurement
  • Emotional distress

In some cases, if the property owner’s behavior was especially reckless, you may even qualify for punitive damages.

Who Can You Sue in a Staircase Fall Lawsuit?

This depends on where the fall occurred. In Naperville, the liable parties could include:

  • The residential property owner (homeowner or landlord)
  • A business owner or operator

  • A property management company

  • A government entity, if the fall occurred on public property

Suing a private party is different from pursuing a claim against a government agency like the Naperville Park District or City of Naperville. Claims against municipalities often come with shorter notice deadlines and special procedural rules.

Time Limits: Don’t Miss the Deadline to File

In Illinois, the statute of limitations for most personal injury claims—including slip and falls on stairs—is two years from the date of the incident. However, if you’re suing a government entity, you may need to file a formal notice of claim within one year.

Waiting too long to take legal action can destroy your ability to recover compensation. Speak to a Naperville slip and fall lawyer as soon as possible to protect your rights.

How Our Naperville Slip and Fall Attorneys Can Help

At Chute, O’Malley, Knobloch & Turcy, we’ve built a reputation for standing up to insurance companies, property owners, and negligent businesses throughout DuPage and Will counties. Our team investigates every detail of your case, gathers evidence, works with medical experts, and fights to maximize your recovery.

We don’t back down—and we don’t get paid unless you win.

Talk to a Naperville Slip and Fall Lawyer Today

If you slipped and fell on unsafe stairs, don’t brush it off. What feels like a minor injury today could become a lifelong problem tomorrow. Contact Chute, O’Malley, Knobloch & Turcy to find out whether you can sue—and what your case might be worth.

Call now for a free consultation with a Naperville injury lawyer who gets results.

Tom Chute is a 1993 graduate of DePaul University College of Law in Chicago, Illinois. With over 30 years of experience in personal injury law, Tom has obtained millions of dollars in settlements and jury awards on behalf of injured clients.

Tom has earned a reputation as a leading trial lawyer in the Chicago area, and he is frequently appointed by his fellow trial lawyers to serve as an Arbitrator.

A member of the Illinois Trial Lawyers Association and The Society of Trial Lawyers, Tom is a frequent speaker at a number of professional organizations, law schools, and seminars in Illinois.

Experience: Over 30 years
Illiois Registration Status: Active

Naperville Attorney Tom Chute