Winter in Illinois means black ice on parking lots, unshoveled sidewalks in downtown Naperville, and wet floors tracked through grocery stores across DuPage County. When a slip and fall sends you to the hospital, your first question after recovering is often: “Can I hold someone responsible for this?”

The answer depends on what you can prove.

Illinois slip and fall law isn’t simply about who owns the property where you fell. It’s about whether they knew (or should have known) about the dangerous condition and failed to fix it or warn you. Understanding what evidence you need can make the difference between compensation and a dismissed claim.

The Three Things Every Illinois Slip and Fall Claim Must Prove

Under Illinois premises liability law, you must prove three elements to win a slip and fall case:

1. A dangerous condition existed on the property

Not every slippery surface is dangerous. Illinois courts require the condition to be unreasonably dangerous—something that poses a real risk of harm that property owners should address.

Examples: A large patch of black ice in a store parking lot, a broken stairway railing, a spill that’s been on the floor for hours, or crumbling concrete creating a tripping hazard.

2. The property owner knew or should have known about the danger

This is where most slip and fall claims succeed or fail. You must show the owner had actual notice (someone told them) or constructive notice (the condition existed long enough they should have discovered it).

Example: If you slip on a fresh spill that just happened seconds ago, the store likely didn’t have notice. But if you slip on a wet floor that employees walked past multiple times over an hour, that’s constructive notice.

3. The owner’s failure to address the danger caused your injuries

You must connect the dangerous condition directly to your fall and your injuries. This means medical documentation and often expert testimony showing how the condition caused your specific injuries.

Illinois Snow and Ice: The “Natural Accumulation” Defense

Winter slip and falls in Illinois face an extra hurdle: property owners generally don’t have a duty to remove natural accumulations of ice and snow.

This means if you slip on naturally fallen snow or ice on someone’s property, you typically cannot sue—even if the owner never shoveled. Illinois courts have long held that property owners should not be held liable for weather conditions beyond their control.

Important Exceptions

• Unnatural accumulation: If the property owner’s actions created or worsened the icy condition (like improper drainage causing ice buildup), you may have a claim
• Commercial property with business invitees: Some courts have held businesses to a higher standard when inviting customers onto their property during winter conditions
• Removing snow negligently: If a property owner starts removing snow and does it badly (like creating hidden ice patches), they can be liable for making conditions worse
• Ordinance violations: If a Chicago or Naperville snow removal ordinance requires property owners to clear sidewalks and they fail to do so, this can support a negligence claim

What Evidence Strengthens Your Illinois Slip and Fall Case

The moments after your fall matter enormously. Here’s what to document:

Take Photos Immediately

Photograph the exact spot where you fell from multiple angles. Capture the dangerous condition, any nearby warning signs (or lack of them), lighting conditions, and the surrounding area. If you can’t take photos yourself, ask someone else to do it before anyone cleans or fixes the hazard.

Get Witness Information

Anyone who saw you fall or saw the dangerous condition before you fell is valuable. Get names, phone numbers, and email addresses. Don’t rely on the property owner to collect this information—they may not.

File an Incident Report

If you fell at a business, insist on filing an incident report before you leave. Make sure it accurately describes where you fell, what you slipped on, and your injuries. Get a copy for your records.

Preserve Your Clothing and Shoes

The clothes and shoes you wore when you fell can be evidence. They may show substance transfer from the floor, demonstrate proper footwear, or prove weather conditions. Don’t wash or throw them away.

Document Your Injuries Thoroughly

Seek medical attention immediately—even if you think you’re fine. Some fall injuries like concussions or internal injuries don’t show symptoms right away. Follow all treatment recommendations and keep records of every medical visit, test, and expense.

Common Places Where Illinois Slip and Fall Claims Occur

Retail Stores and Grocery Stores

Wet floors from tracked-in snow, spills in aisles, produce that’s fallen on the floor, and freshly mopped surfaces without warning signs. Stores have a duty to regularly inspect for hazards and clean up spills promptly.

Parking Lots and Sidewalks

Potholes, crumbling asphalt, poor drainage causing ice, inadequate lighting, and snow removal that creates hazards. Commercial parking lots in DuPage County must meet certain maintenance standards.

Restaurants and Bars

Spilled drinks, grease on kitchen floors, wet entryways during rain or snow, and uneven flooring between bar and dining areas. Restaurants face high slip and fall risk due to constant liquid exposure.

Apartment Buildings and Condos

Broken stairs, torn carpeting, poor lighting in common areas, and unshoveled walkways. Landlords must maintain common areas in safe condition for tenants and their guests.

Office Buildings

Recently waxed floors, loose floor mats, cables across walkways, and wet lobby floors. Commercial property owners must regularly inspect high-traffic areas for hazards.

How Illinois Law Affects Your Compensation

Even if you prove the property owner was at fault, Illinois comparative negligence law can reduce your recovery.

If the court finds you were partially at fault for your fall, your compensation is reduced by your percentage of fault. For example, if your damages total $100,000 but you were 20% at fault (maybe you were texting and not watching where you walked), you’d receive $80,000.

If you’re found more than 50% at fault, you cannot recover anything under Illinois law.

Common Ways Fault Gets Attributed to the Injured Person

• Wearing inappropriate footwear for conditions (flip-flops in winter)
• Not paying attention while walking (phone distraction)
• Ignoring warning signs or barriers
• Being in a restricted area without permission
• Running or engaging in horseplay

Illinois Slip and Fall Statute of Limitations

You have two years from the date of your fall to file a lawsuit in Illinois. Miss this deadline and you lose your right to compensation—no matter how strong your case.

There are limited exceptions:

• If you were a minor when you fell, the clock doesn’t start until you turn 18
• If the injury wasn’t immediately discoverable (rare in slip and fall cases), the deadline may be extended
• If you’re filing against a government entity (city sidewalk, county building), you must file a notice of claim within one year—and sometimes within just six months

Don’t wait until the last minute. Valuable evidence disappears, witnesses forget details, and surveillance footage gets erased. The sooner you consult with an Illinois personal injury attorney, the stronger your case will be.

Frequently Asked Questions

Do I need to report my fall to the property owner?

Yes. Reporting your fall creates an official record and starts the documentation process. If you fell at a business, insist on filing an incident report before leaving. If you fell on residential property, report it to the owner or property manager in writing as soon as possible.

What if the property owner offers to pay my medical bills if I don’t sue?

Be very cautious. Property owners often offer to pay immediate medical bills hoping you’ll sign a release giving up your right to sue for future damages. Slip and fall injuries can have long-term complications that don’t show up right away. Consult an attorney before signing anything or accepting payment.

Can I sue if I fell on a Chicago or Naperville city sidewalk?

Maybe. Illinois municipalities have some immunity from slip and fall claims, but there are exceptions. If the city had notice of the dangerous condition and failed to fix it, or if the condition violates a municipal ordinance, you may have a claim. You must file a notice of claim within one year, so act quickly.

How much is my slip and fall case worth?

Case value depends on your medical expenses, lost wages, permanent disability, pain and suffering, and the strength of evidence showing the property owner’s liability. Minor injuries with quick recovery might settle for a few thousand dollars. Serious injuries like broken bones, head trauma, or spinal damage can be worth hundreds of thousands. An experienced Illinois personal injury attorney can evaluate your specific case.

Will I have to go to court?

Most Illinois slip and fall cases settle before trial. Insurance companies often prefer to settle rather than risk a jury verdict. However, you should be prepared to go to court if the insurance company makes an unreasonably low offer. Having an attorney willing to take your case to trial gives you leverage in settlement negotiations.

Get Help with Your Illinois Slip and Fall Claim

If you’ve been injured in a slip and fall accident in Naperville, DuPage County, or anywhere in the Chicagoland area, time is critical. Evidence disappears, surveillance footage gets erased, and the property owner’s insurance company is already building their defense.

At Long Law Group, we handle slip and fall cases throughout Illinois and know exactly what evidence you need to prove your claim. We work on a contingency fee basis—you don’t pay unless we win your case.

Don’t let the insurance company minimize your injuries or blame you for the accident.

Contact Long Law Group today schedule your consultation.
Phone: 312-344-3644
Email: Contact@JLongLaw.com

Proudly serving injury victims throughout Naperville, Warrenville, DuPage County, Cook County, Will County, Kane County, and the greater Chicagoland area.