Are Property Owners Liable for Snow and Ice Accidents in Illinois?
Situated along the coast of Lake Michigan, Chicago is prone to lake effect snow, ice, and wind in the winter. These weather conditions pose a number of hazards for individuals coming and going from residential and commercial properties if owners do not take steps to reduce the risk of falling on slippery and wet surfaces when unnatural accumulation occurs.
A Chicago premises liability lawyer from Taxman, Pollock, Murray & Bekkerman can help you file a claim if you have been injured by a negligent property owner.
Understanding Snow and Ice Accumulation in Chicago, Illinois
Illinois categorizes snow and ice accumulation as natural and unnatural in its rules about liability for falls on snow and ice. Generally, natural snow accumulation is that which occurs naturally through normal weather events. It may also include normal snow transference, effects, or thawing from the weather event or human activities.
On the other hand, unnatural snow and ice accumulation are the result of poor maintenance, drainage, and negligent actions. The distinction between these two types of snow and ice accumulation is important, as it impacts a property owner’s liability if a fall occurs.
How Snow and Ice Accumulation Impacts Owner Responsibility
Property owners are responsible for the safety and upkeep of their property at all times and should understand what the Illinois Premises Liability Act is and how they are affected. However, the seasonal implications of winter weather and state law alter a property owner’s obligations to some extent when it comes to snow and ice accumulation.
Property owners are not obligated to remove naturally accumulating ice, snow, and meltwater from their properties. However, owners are responsible for not creating more hazardous conditions if they do take steps to remove snow and ice from the premises.
They are also responsible for injuries caused by unnatural accumulation. If you’ve been injured due to unnatural accumulation, a premises liability attorney in Chicago can evaluate whether the property owner failed to meet their legal obligations.
Commercial property owners generally have a greater obligation to ensure safety since their property is open to the public. This can include sidewalks, parking lots, entryways, and more. While accumulation rules still apply, they are more susceptible to liability because of the increased traffic and risk of injury.
Residential property owners have less of an obligation to remove naturally occurring snow and ice from their premises. However, they can still be held liable if they are negligent and fail to take care of known hazards that could increase the risk of an accident and injury to someone unaware of the danger.
It is also important to note that renters or building occupants may have to adhere to specific snow and ice removal rules for natural accumulation if specified within an agreement, such as a lease or contract.
Determining and Demonstrating Property Owner Liability
If a property owner is negligent, makes conditions worse, fails to resolve a known hazard, or does not clear snow in a reasonable time frame, they can be liable for causing injuries such as broken bones, brain injuries, neck injuries, or spine injuries.
These conditions can affect a fall victim’s quality of life and finances. However, a property owner’s role in the accident must first be demonstrated before they can be held liable. You must also show that their obligations and actions are beyond what is expected for natural accumulation.
To hold property owners liable, you will need to provide evidence and clearly define the level of care they owed you, how they failed to ensure safe premises, and how those actions or inactions caused you to slip and fall and suffer injuries. When these factors are sufficiently shown, then property owners must pay for the damages you suffered because of them.
A premises liability lawyer can help you build a compelling case by documenting the hazardous conditions and establishing the property owner’s negligence.
Commercial and residential property owners and occupants are generally liable for these accidents, but not always. Local cities and municipalities can be held liable as well if they do not take steps to remove and clear unnatural accumulation on sidewalks. Cases against local governments can be much more nuanced, though, so it is especially important to act quickly and seek legal counsel in these situations.
Both types of property owners may try to avoid liability by shifting blame to you, arguing that the accumulation was natural or that the danger was “open and obvious.” As such, it is essential to gather and submit evidence as part of your claim and consult a Chicago premises liability attorney in these types of cases.
Filing a Chicago Premises Liability Claim and Recovering Damages
When a property owner is liable for contributing to an accident because of their negligence, you may be within your legal rights to sue them and hold them accountable for their actions.
When you file a personal injury claim for harm caused by snow and ice, you can pursue compensation for your losses. This can offset your various expenses and provide supportive resources as you recover. Working with a premises liability lawyer in Chicago ensures you understand your rights and maximizes your chances of a favorable outcome.
A settlement from a Chicago premises liability accident claim can cover several of your losses. The biggest of which is your medical expenses. The extent and severity of your injuries will determine how much you will need and can claim.
Ongoing costs such as physical or occupational therapy will also be considered. Settlements also compensate you for wages lost while you are recovering and cannot work. Damage to personal belongings may also be covered if applicable.
Finally, your pain and suffering may also be factored into the value of your settlement. This includes emotional and mental distress, diminished quality of life, and loss of consortium. The value of your settlement will be determined by the scope of your losses, the property owner’s insurance limits, and potential shared fault.
Contact a Chicago Premises Liability Attorney at Taxman, Pollock, Murray & Bekkerman Today
Snow and ice can create dangerous conditions and a considerable amount of stress. While owners are not necessarily obligated to remove natural accumulation, they are still responsible for preventing other hazards that may arise on their property because of the weather conditions.
To learn if you have a case, contact the Chicago premises liability lawyers from Taxman, Pollock, Murray & Bekkerman at (312) 586-1700 to schedule a free consultation and discuss your situation. Our premises liability attorneys will help you determine how to proceed and secure the most favorable results possible.