Surveillance footage is often the single most valuable piece of evidence in an Illinois slip and fall case. It can capture the hazard that caused your fall, reveal how long the dangerous condition existed before anyone addressed it, and show whether the property owner took reasonable steps to warn visitors. In many cases, it also helps counter the property owner’s claim that they had no idea the hazard was there.
Learning about how this type of evidence fits into your claim is key before moving forward. Continue reading for more information, and contact a Chicago slip and fall accident lawyer for a free consultation if you need legal help.
What Can Surveillance Video Actually Prove?
At the heart of every slip and fall claim in Illinois is a question of notice. You need to demonstrate that the property owner knew about the dangerous condition, or that it was present long enough that they should have discovered it through routine inspections. Surveillance footage speaks directly to that issue in a way that other forms of evidence often cannot.
For example, video may show that a puddle formed on a grocery store floor an hour before your fall and that multiple employees walked past it without cleaning it up or placing a warning sign. That kind of timeline is difficult for a property owner to argue against. Footage can also capture:
- Whether safety cones or warning signs were placed near the hazard at any point
- How the hazard was created in the first place, such as a spill from a leaking refrigerator unit
- The movements of staff members in the area before your accident occurred
- The conditions of the floor, lighting, or walkway at the exact time of the fall
Each of these details strengthens the foundation of a premises liability claim under Illinois law.
Why Preserving Footage as Soon as You Can Is Key
Most commercial surveillance systems record on a loop and automatically overwrite old footage within 7 to 30 days. Once that footage is gone, it cannot be recovered. That is why requesting the video in writing immediately after a fall is so important.
If you have a personal injury lawyer on your side, they can send a formal preservation letter to the property owner or business demanding that all relevant recordings be saved. If footage is intentionally deleted after such a request has been made, Illinois courts have the authority to impose sanctions under Supreme Court Rule 219. Those sanctions can include an adverse inference instruction, which tells the jury to assume the missing footage would have supported your version of events.
Can the Footage Work Against Me?
It can. If the video shows you were looking at your phone, ignoring a visible warning sign, or walking in a restricted area, the defense will use that to argue comparative fault. Under Illinois law (735 ILCS 5/2-1116), your compensation will be reduced by your share of responsibility. If your fault exceeds 50%, you lose the right to recover anything at all.
An experienced trial attorney can review the footage before it becomes part of the case and prepare a strategy that accounts for any potential weaknesses.
Let Meyers & Flowers Review the Evidence in Your Slip and Fall Case
If you slipped and fell on someone else’s property in Illinois, time is working against you. Surveillance footage that could prove your case may already be at risk of being erased. Meyers & Flowers can step in quickly to preserve that evidence and evaluate whether you have a viable claim.
Contact our award-winning legal team today by calling (630) 576-9696 to set up a free consultation. We work on contingency, so you only pay attorney’s fees if we win money damages for you.