How to Prove Fault in an Illinois Premises Liability Case (Evidence That Wins Claims)

If you were hurt in a slip and fall accident in Illinois, you’re probably asking the same questions most injured people search for online:

• “How do I prove a slip and fall case?”
• “What evidence do I need after slipping in a store or apartment?”
• “How do I show the property owner was negligent?”
• “What should I do after a slip and fall accident?”

This article explains exactly what evidence you need, how to prove the property owner caused your injury, what steps to take immediately, and how Illinois slip and fall laws work. If you want a complete statewide overview, see our main Illinois guide:
Slip and Fall Accidents in Illinois: Liability, Injuries & Your Legal Rights.

What You Must Prove to Win a Slip and Fall Case in Illinois

To win a slip and fall claim, you must show that the property owner was negligent. Under the
Illinois Premises Liability Act, a property owner or manager is responsible if:

• A dangerous condition existed — like water, ice, broken flooring, or poor lighting.
• They knew or should have known about the hazard.
• They failed to fix the danger or warn visitors.
• The hazard caused your fall and injuries.

This page focuses on how to prove those elements. For a broader explanation of property owner duties, visit:
Illinois Premises Liability Overview.

What to Do Immediately After a Slip and Fall (Most-Searched Topic)

Most people Google this right after getting hurt. Here’s what matters most:

• Take photos or video of the hazard (ice, puddles, broken steps, clutter, etc.).
• Report the fall to the manager, landlord, or property owner.
• Get witness names and phone numbers.
• Save your shoes and clothes (they may help prove the fall).
• Ask for an incident report (but don’t sign anything without a lawyer).
• Get medical attention immediately.

The faster evidence is collected, the stronger your claim becomes.

The Evidence You Need to Prove a Slip and Fall Case in Illinois

To show a property owner was negligent, you may need several forms of evidence. These are the ones Illinois courts and insurance companies take seriously:

1. Security Camera Footage

Video often shows:

• How long the hazard existed
• Whether employees walked past it
• Your fall and injuries

Footage is often erased within days — sometimes hours. A lawyer can send a preservation letter to stop deletion.

2. Photos and Videos You Capture

This is often the most important evidence. Take pictures of:

• Water, ice, or slippery substances
• Broken steps, missing handrails, loose mats
• Poor lighting or cluttered walkways

3. Maintenance and Inspection Records

Maintenance logs can prove the property owner:

• Ignored repeated hazards
• Failed to inspect the property
• Never fixed known problems
• Neglected snow and ice removal

4. Past Complaints

Prior reports from tenants, customers, or employees can show the owner knew about the danger.

5. Witness Statements

Witnesses may confirm:

• The hazard existed long before your fall
• Staff ignored dangerous conditions
• The owner didn’t take reasonable steps to protect visitors

6. Medical Records Linking the Fall to Your Injuries

You need documentation showing:

• Your diagnosis
• Your treatment
• How the fall caused your injuries

The CDC outlines how serious slip and fall injuries can be:
CDC Fall Injury Statistics.

Understanding Illinois’ Comparative Negligence Rule

Many injured people search for:

“The store says it was my fault I fell — what do I do?”

Under the Illinois comparative negligence law
(735 ILCS 5/2-1116):

• You can still win if you were 50% or less at fault.
• If you’re more than 50% at fault, you cannot recover.

Owners and insurers commonly blame victims using the “open and obvious” defense. You can learn more about that here:
Open and Obvious & The Distraction Exception.

Slip and Falls While Working: Delivery Drivers & Employees

Many slip and fall victims are working at the time of their injury. Common victims include:

• Amazon drivers
• UPS drivers
• USPS carriers
• DoorDash / Instacart / Uber Eats drivers
• Construction & warehouse workers

You may have two cases:

• Workers’ compensation through your employer
• A third-party injury lawsuit against the property owner

Learn how these combine:
Workers’ Comp vs Third-Party Claims in Illinois

More on delivery driver injuries:
Delivery Driver Workers’ Compensation & Injury Claims

For general workers’ comp information:
Chicago Workers’ Compensation Lawyer.

What to Expect After Filing a Premises Liability Claim

After you file a claim, the insurance company will review:

• your medical records
• photos/videos of the hazard
• maintenance logs
• incident reports
• witness statements

They will likely try to:

• blame you for not paying attention
• claim the hazard was obvious
• deny having notice of the danger
• argue the fall didn’t cause your injuries

An experienced Illinois premises liability attorney can counter these defenses and demand full compensation.

Summary

Article Name

How to Prove a Slip and Fall Case in Illinois (Evidence You Need to Win)

Description

Learn how to prove a slip and fall case in Illinois, what evidence you need to show the property owner was negligent, and what to do after a fall.

Author

Matthew C. Jones

Publisher Name

McHargue and Jones, LLC

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