Premises Liability: Snow and Ice
Accident & Injury Slip & Fall Accident
Summary: A discussion regarding the determination of liability when a person slips and falls on snow or ice in Illinois.
Anyone who has ever suffered an injury after a slip and fall on snow or ice in Chicago and sought
legal assistance knows that a personal injury claim against a property owner
that had not cleared their walkway during a snowy Chicago winter is not as cut
and dry and one might think. In fact, in most cases, “slip and falls” on snow
or ice in Illinois will not result in damages for the injured party.
It can be incredibly difficult recovering damages from a
property owner in these types of cases and that is because in Illinois, there
is generally no legal liability on the part of a property owner where a party
is caused to fall due to a "natural accumulation" of snow or ice on
their property. In other words, a property owner is not required to
prevent the natural accumulation of snow and ice due to natural weather
phenomena. Furthermore, the person or business is not required to shovel or salt
their walkways or even to break up snow compacted by individuals who walk over
it. There is no requirement to clean up melting snow, ice, or even rain
tracked in from customers or individuals from outside as these, too, are
considered examples of natural accumulation by Illinois courts.
The "natural accumulation" rule puts the onus
squarely on the pedestrian or other individuals on icy or snow-filled areas to
tread carefully and guard against conditions when they walk over an
accumulation of snow or ice naturally resulting from weather conditions.
Don’t be discouraged! There are instances where a
plaintiff can recover damages for falls due to snow or ice but it is when there
is an unnatural accumulation of snow or ice involved. An unnatural accumulation
of snow or ice can occur when the property or the property owner causes a
build-up that would not have naturally occurred without the intervention of the
owner or property's construct.
For instance, many homes have downspouts that lead water
away from the home's foundation. If the downspout clearly directs water to a
walkway and that water accumulates and creates a puddle that, in turn, freezes
and causes a slip, fall and injury, the injured party may be due damages from
the property owner. Another example would include falls caused by snow
piles plowed to an area of the property where there is high pedestrian traffic.
So, you see, the accumulation must be the result of human intervention or poor
design of the physical property that leads to the injury.
Because of the difficulty in proving unnatural
accumulations and, therefore, liability in these cases, victims of injuries
from slips and falls on snow and ice should consult with experienced personal
injury attorneys. Lawyers at Panio Law Offices offer a wealth of experience in
negotiating these cases with insurers and litigating damages in Illinois
courts. We understand the unique burden of proof involved and are able to
identify and enlist the assistance of experts that can help interpret
conditions and demonstrate culpability.
Without the assistance of experienced premises liability
personal injury attorneys, it can be a tremendous uphill battle.
If you have more questions about slips and falls and
personal injury, please don't hesitate to call us: 888.799.7561. We can help.