Growing up in Chicagoland, we're always taught the importance of being a good neighbor by removing ice and snow from our sidewalks. But what happens when businesses fail to fulfill that neighborly duty, and somebody gets hurt? 

 

The legal landscape surrounding slip-and-fall accidents on snow and ice in Illinois is complex, with a mix of common law rules that can determine whether you have grounds for a lawsuit. Let's break down the key principles. 

 

Historically, the prevailing rule in Illinois has been that landowners owe no duty to remove natural accumulations of snow and ice. This "natural accumulation" rule recognizes the practical challenges posed by unpredictable winter weather - to hold landowners responsible for clearing every flake and icicle would create an unreasonable burden. As the Illinois Supreme Court has noted, this rule accounts for the "climatic vagaries of this area with its unpredictable snowfalls and frequent temperature changes." 

 

 However, the common law does provide an important exception - landowners can be liable for injuries caused by "unnatural" accumulations of snow and ice. This includes situations where the snow or ice has accumulated due to a defect in the premises, such as improper drainage or construction.

 

Courts have recognized several scenarios where property owners may be liable for unnatural accumulations of snow and ice: 

 - Defective building features: Improperly hung gutters, a poorly pitched roof overhang, or other construction defects that cause water to pool and freeze. 

- Negligent maintenance: Leaky roofs or other issues that allow water to collect and turn to ice on walkways. - Improper snow removal: When a property owner plows snow in a way that creates dangerous ridges or channels of ice.

 

This complex legal landscape reflects the challenges of balancing the realities of winter weather with the need to ensure safe premises for the public. The natural accumulation rule recognizes the practical difficulties, while the exceptions aim to hold property owners accountable for creating hazardous conditions. If you've been injured in a slip-and-fall accident on snow or ice, the team at CTM Legal Group can help you navigate these nuanced rules of law. Don't let the icy terrain leave you out in the cold - reach out to us today for a consultation. When calling about a personal injury to yourself or a loved one, your case evaluation at CTM Legal Group is free.