This is the second in our three-part series answering your questions about slip and fall accidents. Find out from our experienced slip and fall lawyers the answer to the question, “Are slip and fall lawsuits hard to win?“
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’s not always easy to prove who is responsible. There isn’t a 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.
In this Article
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.
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 Costco and breaks her leg, she is the plaintiff. Costco—the store owner—is the defendant. To receive compensation, Jane must prove that Costco (the property owner) knew about the hazard and did not keep the premises safe, as a reasonable person would.
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 not requiring absolute certainty, proving a case remains challenging. Evidence gathering, including witness statements, accident reports, and records, is crucial to proving the property owner’s liability in a slip and fall injury case.
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.
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, it’s important to take 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 the injuries, provide appropriate treatment, and prevent further complications. Retain copies of the medical bills and medical records.
Report the Accident
Notify the property owner or manager about the accident immediately. This allows them to document key details like your contact info, accident description, witness statements, and injury photos. Ensure your account is accurate and request a copy for your records.
Document the Accident
Gather information such as the contact details of a representative from the business or establishment, an incident report, and specific details about what caused your slip and fall accident.
Unexpected Evidence Requests
Experienced personal injury lawyers 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 for identification, and details or images of shoes to assess their role in the incident. Keep these records safe.
Video surveillance
If available, obtain a copy of any video surveillance footage that may have captured the incident. This can serve as crucial evidence in your case.
Photos
Take photos of the accident scene, your serious injuries, and relevant details to support your claim. Also, request preservation of any potential video surveillance by sending a certified mail request to ensure it is saved for review.
Witnesses
Gather witness information for slip and fall cases, as their testimony can be important. Record their contact details for future reference.
Contact a Personal Injury Lawyer
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. Contacting an experienced law firm can make this process so much easier.
How The Kryder Law Group, LLC Accident and Injury Lawyers, Can Help You
Our legal team is highly experienced in handling severe injuries from slip and fall accidents. Given that most of these slip and fall cases settle out of court, our skills in negotiation and dealing with insurance companies can secure the best possible compensation for you. We will evaluate your case, advise you on your legal options, and build your case to recover maximum compensation, including medical expenses, lost wages, and more. Contact us for a free consultation.
Find More Answers: All You Ever Wanted to Know About Slip & Fall Accident Cases
October 17th, 2025
(312) 223-1700