Chicago winters are harsh, and each year, dozens of people suffer injuries from slipping or falling on ice and snow. While some falls may seem straightforward, Illinois law has specific rules that make recovering compensation for snow and ice injuries more complicated than other personal injury claims.
Contact a lawyer today at (312) 236-2900 to schedule a free case assessment with one of our premises liability lawyers.
Who’s Responsible for Snow & Ice Accidents?
The first step in determining whether there’s a compensation opportunity is to establish liability. Illinois has a rule regarding snow and ice when determining liability, referred to as the “natural vs. unnatural accumulation of ice and snow” test.
Natural Accumulation of Snow and Ice
For someone to be liable for your fall on ice or snow, it must have been unnatural. This means that if snow and ice resulted because of natural weather conditions like a snowstorm or blizzard, and you were injured due to a fall, you may have a very difficult case to make a monetary recovery from.
Additionally, the property owner is not liable if the snow is not shoveled or the sidewalk isn’t cleared. If you’re unsure about your situation or need guidance, it’s important to get help with a personal injury claim to understand your rights and options.
There are a few things to note about this rule relating to the unnatural accumulation of snow:
- Property owners are under no obligation to remove a natural accumulation of snow, ice, or melted water from snow unless they are landlords or property management companies that have agreed to remove snow and ice under a lease agreement.
- Property owners are also not required to warn people of the danger of snow and ice.
- Melted snow inside of buildings from people tracking it indoors is considered to be a natural accumulation of snow.
- Ice that forms because of tire tracks, foot traffic, or bicycle marks is considered to be accumulated naturally.
What is an Unnatural Accumulation of Snow?
Snow is considered to have been unnaturally accumulated if a property owner creates a situation where ice and snow develop or exacerbates a natural accumulation of snow and ice. The property owner is held liable if he or she should have known of the hazard (or did know of it) and the unnatural condition was more hazardous than the natural condition. Examples include:
- Water that runs out of a gutter and causes ice to develop
- A garden hose left running that ices over
- Shoveled snow that melts and refreezes, which could be an incentive for property owners not to shovel snow
However, the passage of the Snow and Ice Removal Act is intended to encourage residential property owners to shovel or remove snow and ice by establishing that there is no liability for injuries unless the act is committed with willful or wanton disregard.
Do I Have a Premises Liability Claim?
You may still have a personal injury claim if the property itself contributed to your fall. This includes situations where:
- Sidewalks, driveways, or parking lots are sloped improperly
- Pavement is cracked, uneven, or poorly maintained
- Design flaws worsen the natural accumulation of snow or ice
If hazardous property conditions caused your fall, our lawyers can assess your situation and determine whether you may be entitled to compensation.
Your Snow and Ice Slip and Fall Questions Answered
Are property owners required to remove snow from their property?
In Illinois, property owners are generally not legally required to remove naturally accumulated snow or ice from their property. Liability typically only arises if they have agreed to shovel under a lease or management agreement. Otherwise, natural winter conditions are considered the responsibility of those walking on the property.
Can I file a lawsuit if I slip on ice?
You may have a claim if your fall was caused by unnatural accumulation of ice or unsafe property conditions. This can include hazards such as water freezing in gutters, icy patches caused by refrozen snow, or poorly maintained sidewalks. A lawyer can review the details to determine if you have a viable case.
What counts as an unnatural accumulation of snow or ice?
Unnatural accumulation occurs when a property owner creates or exacerbates a hazardous condition. Examples include water from a gutter freezing, a garden hose left running, or shoveled snow that melts and refreezes into ice. These situations go beyond natural winter conditions and can form the basis for a claim.
When should I consult a lawyer after a slip and fall incident?
It’s important to reach out to a Chicago premises liability lawyer as soon as possible after your accident. Early action helps preserve evidence, document the hazard, and protect your legal rights. Prompt consultation can make a significant difference in the success of your claim.
How a Staver Premises Liability Lawyer Can Help
Our Chicago premises liability lawyers are experienced in handling slip and fall claims in snowy and icy conditions. We can:
- Review your accident and identify all potential sources of liability
- Gather evidence, including photographs, witness statements, and maintenance records
- Navigate Illinois premises liability law to determine whether your case involves natural or unnatural accumulation
- Communicate with insurance companies to pursue fair compensation
- Protect your rights throughout the legal process so you can focus on recovery
Having an experienced attorney by your side increases your chances of successfully recovering compensation for medical bills, lost wages, pain and suffering, and other damages.
Contact a Chicago Premises Liability Lawyer for Help
Please take care when you’re out walking around during Chicago’s seemingly endless winters. In most instances, a slip and fall on ice and snow from natural wintry conditions does not mean you are entitled to compensation under Illinois law. However, if other factors contributed to your injury, our lawyers may be able to assist you.
Contact us at (312) 236-2900 for a free, no-risk consultation about your case.
