Falling on someone's property does not automatically create a claim. Illinois requires proof that the owner knew or should have known about a dangerous condition and failed to fix or warn about it.
What you must prove
- A dangerous condition existed on the property
- The owner or occupier created it, knew about it, or should have discovered it
- They failed to correct the hazard or provide adequate warning
- That failure caused your injury and resulting damages
Snow and ice claims are harder in Illinois
Illinois follows a natural accumulation rule. Property owners generally are not liable for injuries caused by naturally accumulated snow or ice. Claims often depend on showing an unnatural accumulation, such as water from a defective downspout or gutter, improper drainage, or negligent snow removal that created a ridge or refreeze.
Evidence to gather immediately
- Photos of the hazard before it is cleaned or repaired
- An incident report from the store or property manager
- Names of employees and witnesses present
- Your footwear and clothing as they were at the time
- A written request that surveillance video be preserved
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This article is general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and outcomes depend on the specific facts of each case.