Slip and fall cases can be hard to win when a fall occurs on someone else’s property. These cases are often complicated because it is not always easy to prove who is responsible. There is no simple formula for deciding fault, and every situation is different. The person who suffered injuries needs to show clear and sufficient evidence to support the claim.
This is the second in our three-part series answering your questions about slip and fall accidents. The attorneys at Riz Injury Law break down exactly what makes these cases challenging — and what you can do to strengthen yours.
Burden of Proof Makes a Slip and Fall Lawsuit Difficult to Win
The complexity of slip and fall incident cases largely depends on the burden of proof, a legal requirement found in Illinois Pattern Jury Instruction 21.01, where the claimant must prove their allegations against property owners with evidence and testimony. For instance, if someone slips in a grocery store and suffers a permanent disability, the slip and fall attorney must demonstrate that it was the property owner’s negligence that was responsible for the fall injuries.
This standard is what makes slip and fall lawsuits uniquely challenging compared to other personal injury claims. Unlike a car accident where liability is often more straightforward, slip and fall cases require a careful, evidence-driven argument about what the property owner knew, when they knew it, and what they failed to do.
Who Has the Burden of Proof in a Personal Injury Claim?
In a civil case, the plaintiff claims wrongdoing and must prove these claims to recover damages. The defendant is the accused. For example, if Jane Doe slips at a Chicago grocery store and breaks her leg, she is the plaintiff. The store owner is the defendant. To receive compensation, Jane must prove that the property owner knew about the hazard and did not keep the premises safe, as a reasonable person would.
This is a key distinction: the injured party bears the responsibility of building the case. The defendant does not have to prove innocence — the burden rests entirely on the person who was hurt.
Is It Hard to Prove Slip and Fall Cases?
In personal injury cases, plaintiffs must meet the “preponderance of evidence” standard, meaning their claims must be more likely true than not — at least 50.01% certainty. While this does not require absolute certainty, proving a case still remains genuinely challenging.
Evidence gathering, including witness statements, accident reports, surveillance footage, and medical records, is crucial to proving the property owner’s liability in a slip and fall injury case. Many cases are lost not because the injury was not real, but because critical evidence was not preserved or collected in time.
How Does a Slip and Fall Lawyer Meet the Burden of Proof?
In Illinois, a judge uses Jury Instruction 21.02 to inform the jury that the plaintiff must prove three propositions by a preponderance of the evidence to win their case and receive compensation:
- The defendant was negligent by either acting or failing to act, as claimed by the plaintiff.
- The plaintiff was injured.
- The defendant’s negligence directly caused the plaintiff’s injury.
Each of these elements must be established independently. Even if a hazard clearly existed, the plaintiff must still connect that hazard to the defendant’s negligence and to the specific injuries suffered. The attorneys at Riz Injury Law know how to build this connection systematically using physical evidence, expert testimony, and documented records.
What Should I Do If I Am Injured in a Slip and Fall Accident?
Nonfatal emergency department visits in 2023 are dominated by fall-related injuries, accounting for 35% of all preventable nonfatal injuries. When a slip and fall accident occurs on someone else’s property in Illinois, it is critical to take immediate steps to protect your rights and prepare for possible legal action or an insurance claim.
Seek Medical Attention
If you are injured, seek medical attention immediately. Your doctor can assess the severity of your injuries, provide appropriate treatment, and prevent further complications. Retain copies of all medical bills and medical records — these documents are foundational evidence in any personal injury claim.
Report the Accident
Notify the property owner or manager about the accident immediately. This allows them to document key details such as your contact information, a description of the accident, witness statements, and photos of the injury. Ensure your account is accurate and request a copy of the incident report for your records.
Document the Accident
Gather information including the contact details of a representative from the business or establishment, an official incident report, and specific details about what caused your slip and fall accident. The more documentation you have from the scene, the stronger your case will be.
Preserve Unexpected Evidence
Experienced personal injury lawyers at Riz Injury Law have seen requests for certain items as evidence in slip and fall cases. These include receipts to verify the victim’s presence at the store, descriptions or pictures of clothing worn at the time of the accident, and details or images of shoes to assess their potential role in the incident. Keep all of these items and records safe and do not discard them.
Obtain Video Surveillance Footage
If available, obtain a copy of any video surveillance footage that may have captured the incident. This can serve as some of the most powerful evidence in a slip and fall case. Act quickly — many businesses overwrite surveillance footage within 24 to 72 hours. Send a certified mail preservation request as soon as possible to ensure the footage is saved.
Take Photos of the Scene
Take photos of the accident scene, your injuries, and any relevant details such as wet floors, broken surfaces, missing warning signs, or poor lighting. Visual documentation captured shortly after the accident is difficult for a defendant to dispute.
Collect Witness Information
Gather contact information from any witnesses to the fall. Their independent testimony can be critical in corroborating your account of what happened and confirming that a hazard existed before the accident occurred.
Contact a Personal Injury Lawyer as Soon as Possible
The evidence that can be collected for a slip and fall claim is critical to the investigation and legal process for seeking compensation. Gathering evidence can be frustrating and daunting — especially while you are recovering from an injury. Contacting an experienced Chicago slip and fall law firm can make this process significantly easier and more effective.
Illinois also has a statute of limitations for personal injury claims. Waiting too long to consult an attorney can jeopardize your ability to recover compensation entirely.
How Riz Injury Law Can Help You Win Your Slip and Fall Case
The legal team at Riz Injury Law is highly experienced in handling severe injuries from slip and fall accidents throughout Chicago and the surrounding Illinois area. Given that most slip and fall cases settle out of court, the firm’s skills in negotiation and dealing with insurance companies can help secure the best possible compensation for injured clients.
The attorneys at Riz Injury Law will evaluate your case, advise you on your legal options, and build the strongest possible argument to recover maximum compensation — including medical expenses, lost wages, pain and suffering, and more.
Do not let a property owner’s negligence go unanswered. If you or a loved one has been injured in a slip and fall accident in Illinois, contact Riz Injury Law today for a free, no-obligation consultation. You pay nothing unless we win your case.
Injured and have questions? The attorneys at Riz Injury Law offer free consultations — call (312) 546-5109.