Chicago Personal Injury Attorney
Chicago Personal Injury Attorney
It can all happen in a heartbeat. You’re taking a stroll across a privately owned plaza in the Loop, and then you scramble for balance and fall on ice. As you try to stand up, you feel pain in your hips and back, and the sudden realization hits — Who’s going to be responsible for this? Do I have a case for a slip and fall on ice?
At this point, you might be in shock, but the good news is that Chicago’s legal system has clear distinctions on who is responsible for personal injuries when slipping on ice on private property. This guide covers the relevant laws in Illinois and how icy sidewalk injury lawyers in Chicago can help you determine if you have a premises liability claim.
The Illinois Premises Liability Act (740 ILCS 130/) holds property owners and operators accountable for negligence that causes harm to individuals who have a right to be on the property. Potentially negligent acts can include:
Natural accumulation occurs when Mother Nature builds up snow or ice on the ground over extended periods. This can create hazardous spots in common areas such as parking lots, walkways, steps and sidewalks. If left unattended by the property owner, this accumulation can lead to accidents like the one we mentioned earlier.
However, slipping on ice on private property doesn’t automatically mean a premises liability claim.
The natural accumulation rule is handled differently by every state. In Illinois, it is a general rule under the Civil – 125.00 Liability for Falls on Snow and Ice that property owners and operators have no legal duty to clear snow, ice or meltwater from their premises if it is natural accumulation.
While this may seem counterintuitive to the Illinois Premises Liability Act, Illinois courts have deemed it “unreasonable” to require property owners to constantly remove snow, ice or meltwater from their premises during the winter. This is where unnatural accumulation comes into play.
While property owners aren’t legally obligated to remove the natural accumulation of snow, ice or meltwater, unnatural accumulation is different. Unnatural accumulation occurs when a property defect, such as a misaligned gutter or a drainage issue, causes snow, ice or meltwater to build up in an area. Property owners also create unnatural accumulations when they aggravate natural conditions or create new, artificial ice-related problems.
The unnatural accumulation rule doesn’t excuse slip and fall on ice negligence, and property owners may still be held liable for any injury or damage caused by their artificial problem, potentially opening the door to a premises liability claim.
In Chicago, there are specific ordinances and rules to keep in mind during the winter:
There are critical differences to note when an accident occurs on residential properties.
The Illinois Snow and Ice Removal Act (745 ILCS 75/1) protects homeowners, lessors, occupants or residential property managers from liability for injuries caused by snow, ice or meltwater that falls on their sidewalks. The same natural accumulation rule that applies to commercial spaces also applies to residential property owners, but they also have immunity from negligence claims. Residential owners and occupants are generally not liable for any injuries or damages caused by ice formed by unnatural accumulation due to the negligent cleaning or removal.
However, if residential owners and occupants deliberately cause snow buildup resulting in injury to an individual or individuals, the alleged misconduct is willful or wanton, and there is still potential for a premises liability claim.
Cases where black ice causes a fall are tricky because it is virtually invisible to the naked eye. Black ice accident attorneys in Chicago can still help you determine whether you have a case, even with black ice involved.
In Chicago, black ice is frequently considered an unnatural accumulation. However, it isn’t a get-out-of-jail-free card for property owners. The Murphy-Hylton ruling is a strong example of this case. It shows that evidence of black ice buildup can be revealing, indicating negligence in the property and that the property owner can still be liable for injuries or damages under the Illinois Premises Liability Act.
To build a strong premises liability claim, you can provide any of the following:
With a combination of this evidence, you, as an injured person, can ensure that compelling facts support your claim and that the property owner, the alleged wrongdoer, is held accountable for their maintenance obligations. The same set of evidence applies to black ice, but as it’s a complex case, seeking out expert black ice accident attorneys in Chicago will help you demonstrate the property owner’s negligence.
If you think that you have slipped on ice due to negligent maintenance by a property owner, turn to Argionis & Associates, where our icy sidewalk injury lawyers in Chicago can help you build a valid premises liability claim.
Contact us today for a free consultation, and let us assist you in protecting your rights with no fees unless we win for you.
George Argionis has over 20 years of experience in handling cases involving auto collisions, premises injuries, medical malpractice, product liability, construction-related and work-related injuries. He has dedicated his career to helping restore lives both emotionally and economically.
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