Although I will say that slip and fall cases usually very difficult, they can also result in substantial verdicts. In fact, the largest verdict in Illinois for a knee injury, which I was the lead trial attorney on, was a slip and fall case.
One of the keys to winning these cases is to focus on the knowledge of the defendant versus that of the plaintiff. Ordinarily the defendant will have had notice of the condition causing the slip and fall, will have chosen not to do anything about it, will have the necessary ability to correct the problem, and the plaintiff in an instant has something bad happen.
I have never had a slip and fall case where the defendant did not try to blame the injured person for the fall, usually a claim of inattentiveness. There also is frequently an open and obvious defense. In order to get these cases to a jury, the plaintiff must be able to say what caused the slip and fall. Also, they must be able to beat the open and obvious defense. There are two typical ways this can be done. One way is to say that the plaintiff was distracted and thus did not see the open and obvious danger that caused her fall. The other is to say that the only way to where they were going was to walk over the dangerous area, what is called a deliberate encounter exception to the open and obvious rules.
Slip and falls can be tough cases but they also can result in substantial settlements and verdicts. If you would like me to help you with a slip and fall case in Chicago or elsewhere, please contact us.