Who Is Responsible for Injuries Caused by Sidewalk Defects?

Sidewalk defects can cause serious injuries, leading to costly medical bills, time away from work and emotional distress. Yet, determining who is responsible for these injuries after a sidewalk accident can be confusing. At Saks, Robinson & Rittenberg, Ltd., we aim to demystify the complexities of sidewalk liability in Illinois and help injured individuals understand their legal options. 

Premises Liability in Illinois

Premises liability is a legal principle that governs property owners’ responsibilities to ensure their property is safe for visitors. Under Illinois law, property owners owe a “duty of care” to maintain their premises in a condition that minimizes the risk of injury to others. This includes sidewalks and other frequently used walkways. 

When a property owner breaches this duty—by failing to repair cracks, uneven surfaces or other hazards—they may be held liable if someone is injured as a result. However, determining liability can be complex, as it depends on the ownership and jurisdiction of the sidewalk where the accident occurred. 

Who Could Be Held Responsible?

1. Local Municipalities

Municipalities often own and manage sidewalks in public spaces. They are generally responsible for maintaining these areas, including fixing significant cracks, uneven sections or other hazards. However, these entities have certain legal protections that often limit their liability unless gross negligence is proven. 

For example, if a city was notified about a broken sidewalk months ago but failed to make repairs, it could be deemed negligent. Failure to meet local sidewalk maintenance ordinances can further bolster a claim against a municipality. However, filing a claim against this type of entity typically involves strict deadlines and procedural requirements, so prompt legal action is critical. 

2. Business Owners

Sidewalks adjacent to commercial properties are often the responsibility of the business owner. Illinois law holds businesses accountable for hazards such as uneven pavement or icy conditions on sidewalks that they maintain. This “high duty of care” means that business owners must proactively inspect and address potential hazards to prevent injuries. 

If a customer or pedestrian slips and falls on a cracked sidewalk directly outside a shop, the business might be held liable if the defect was something they should have reasonably repaired or warned about. 

3. Homeowners

Homeowners in Illinois are responsible for maintaining sidewalks bordering their property in some instances, depending on local municipal ordinances. If a homeowner allowed a hazard to remain unaddressed, they could be found negligent if an injury occurs. 

Legal Considerations and Precedents

Liability cases involving sidewalks often hinge on evidence that the responsible party had prior knowledge of the defect—or should have known about it—and failed to take prompt action. Documentation of the hazard, such as photos or maintenance records, can be crucial. 

Discuss Your Case With an Attorney

Sidewalk injury cases are often complex, involving multiple parties and unclear responsibilities. At Saks, Robinson & Rittenberg, Ltd., we are experienced in premises liability law, helping secure fair compensation for injury victims. If you’ve suffered from a sidewalk defect, contact us today for a free case evaluation. We’re here to help you understand your options and fight for the recovery you deserve.