After a slip and fall in Illinois, you should take several steps to protect your health and your legal rights should you decide to pursue an injury claim.
At a minimum, you should:
- Seek medical attention
- Report the fall to the property owner or manager in writing
- Photograph the hazard and the scene before it changes
- Get contact information from any witnesses.
Taking these steps can help you show that the property owner was negligent in failing to repair the hazard that led to your fall. These actions can also create a medical record linking your expenses and losses to the fall.
Step 1: Get Medical Attention Right Away
You should see a doctor right away, even if you feel capable of walking. Adrenaline can mask pain from fractures, soft tissue damage, or head injuries.
A same-day medical record is one of the strongest pieces of evidence connecting your injury to the fall rather than to some later, unrelated cause.
Step 2: Report the Fall in Writing
Ask a manager or employee to complete an incident report before you leave, and request a copy or photograph of it.
If you’re on public property, such as a sidewalk or municipal building, you may have a claim against a government entity. These claims involve shorter deadlines and additional notice requirements under the Illinois Local Governmental and Governmental Employees Tort Immunity Act, so prompt reporting matters even more.
Step 3: Document the Scene
Photos and video taken immediately are often the only evidence of the hazard that will exist once it’s cleaned up, repaired, or removed.
Focus on:
- The hazard itself, e.g., a spill, ice, broken flooring, poor lighting, etc. Take the picture from multiple angles and distances, if possible
- Document your footwear; Illinois property owners and insurers routinely argue that inappropriate shoes contributed to the fall.
- Warning signs or their absence. A missing “wet floor” sign can be significant evidence of negligence.
- Weather and surface conditions, especially in snow and ice cases. Illinois draws a legal distinction between natural accumulations (generally not the property owner’s fault) and unnatural accumulations caused by negligent maintenance (which can support liability).
These photos can do more to establish your case than testimony given months later.
Step 4: Identify Witnesses
Get names and phone numbers from anyone who saw the fall or who can provide statements on how long the hazard existed before you arrived. Witnesses are difficult to track down once time has passed, so it’s important to secure this information as quickly as possible.
Step 5: Be Careful What You Say
Avoid telling the property owner, employee or an insurance adjuster that you’re “fine” or that the fall was your fault. Illinois follows a modified comparative negligence rule.
If you’re found more than 50% at fault for your own fall, you recover nothing. If you are less than 50% at fault, any award you do receive is reduced by your percentage of fault. Therefore, you should not admit fault under any circumstances.
Step 6: Talk to an Attorney Before the Insurer Calls
After a slip and fall, a St. Charles slip and fall attorney can help you take legal action and hold the property owner accountable for what happened to you. Your personal injury lawyer can preserve evidence like surveillance footage and witness statements before they disappear and handle all communication with the insurer so you don’t inadvertently hurt your own claim. They can value your damages accurately.
Contact Feagans Law Group to schedule a free consultation to learn more about your legal rights.