Under Illinois law, property owners have a duty to maintain their premises in a reasonably safe condition. This includes taking reasonable steps to address known hazards, such as snow and ice, within a reasonable amount of time.
However, not all snow and ice conditions automatically create liability. Courts look closely at whether the property owner failed to act when they should have, or whether their actions actually made the condition more dangerous.
Key responsibilities may include:
- Shoveling or salting walkways within a reasonable time after snowfall
- Fixing drainage issues that cause refreezing
- Ensuring lighting allows pedestrians to see icy conditions
City vs. Homeowner vs. Business: How Liability Shifts Depending on Location
Who is responsible for your fall depends heavily on where it occurred.City-Owned Sidewalks
In many cases, cities and municipalities are protected by governmental immunity. However, exceptions may apply if the city created or worsened a dangerous condition, such as improper drainage that caused repeated icing.Residential Homeowners
Homeowners are generally not liable for injuries caused by natural accumulation of snow and ice. But if they take action, such as shoveling improperly or creating icy runoff, they may become responsible.Businesses and Commercial Properties
Businesses are held to a higher standard. They are expected to regularly inspect their property and take reasonable steps to keep entrances, sidewalks, and parking lots safe for customers and employees.Understanding these distinctions early, especially during your first meeting with your lawyer, can make or break a winter slip and fall claim.
Natural vs. Unnatural Accumulation: Why This Legal Distinction Matters
One of the most important concepts in Illinois slip and fall law is the difference between natural and unnatural accumulation of snow and ice.Natural Accumulation
Snow or ice that forms naturally due to weather conditions, without human intervention, typically does not create liability.Unnatural Accumulation
Liability may arise when snow or ice accumulates due to:- Poor drainage from roofs or gutters
- Melted snow that refreezes because of improper salting
- Piles of shoveled snow that block walkways or melt and refreeze
What to Do After a Snow or Ice-Related Fall
If you slip and fall on a snowy or icy surface, what you do next matters. Many winter injury cases fail because of early missteps that could have been avoided.To protect your rights:
- Seek medical attention, even if injuries seem minor
- Take photos of the scene, including snow, ice, and lack of warnings
- Identify witnesses who saw the fall or hazardous condition
- Avoid making statements to insurance companies without legal advice
Why Legal Guidance Is Critical in Winter Slip & Fall Cases
Snow and ice cases are complex. Property owners and insurers often argue that the conditions were natural or unavoidable. An experienced attorney knows how to investigate maintenance records, weather reports, and property conditions to uncover negligence.At Sherwood Law Group, we use this information to build strong cases from the very beginning, starting with your first meeting with your lawyer, where we assess liability, damages, and the best path forward.
Contact Sherwood Law Group Today
If you were injured in a winter slip and fall, don’t assume no one is responsible. Liability depends on the facts, and those facts deserve careful legal review.📞 Call 312-627-1650
🌐 Visit www.sherwoodlawgroup.com
💼 Schedule your free consultation today
