Can I Sue A Property Owner For A Slip And Fall On Snow Or Ice In Illinois?

Winter weather brings snow and ice, which can lead to hazardous conditions for both cars and pedestrians. While it is a common expectation that homeowners should clear snow and ice from their property to prevent injuries, Illinois law provides protections to residential property owners when it comes to slip and fall accidents caused by natural accumulations of snow and ice. If you’ve suffered a slip and fall injury on a residential property due to snow or ice, you might wonder whether you can file a claim against the homeowner.

In Illinois, claims for snow and ice injuries are often not actionable against residential property owners due to the Snow and Ice Removal Act (745 ILCS 75/2) and legal principles governing natural accumulation. This blog explains the protections provided to residential property owners, the distinction between natural and unnatural accumulations, and when a homeowner might still be held liable for snow or ice-related injuries.

The Snow and Ice Removal Act

Illinois’ Snow and Ice Removal Act (745 ILCS 75/2) provides significant legal protections to residential property owners. The purpose of the Act is to encourage homeowners to take steps to remove snow and ice without fear of being held liable for injuries that may occur due to naturally accumulated snow or ice. Specifically, the law states that homeowners who voluntarily undertake snow removal efforts cannot be held liable for injuries caused by snow or ice on their property unless their actions were willful or wanton.

Key Provisions of the Snow and Ice Removal Act:

1. Voluntary Snow Removal: Residential property owners are not legally required to remove snow and ice from their property. However, if they voluntarily choose to clear snow or ice, they are generally protected from liability under the Act.
2. Liability Protection: The Act shields homeowners from claims for injuries resulting from natural accumulations of snow or ice, provided they did not do so willfully and wantonly. This means that a homeowner cannot be sued simply for failing to clear snow or ice unless they deliberately created a dangerous condition.
3. Encouraging Safety: By offering this legal protection, the Act encourages homeowners to take action in removing snow and ice without fear that they will be penalized for doing so. The law recognizes that not all snow removal efforts are perfect, but it seeks to promote safety by encouraging voluntary snow clearing.

The Natural Accumulation Rule

In addition to the Snow and Ice Removal Act, Illinois courts follow the natural accumulation rule, which further limits liability for homeowners. Under this rule, a homeowner cannot be held liable for injuries caused by natural accumulations of snow or ice on their property. A natural accumulation refers to snow and ice that builds up as a result of weather conditions, such as snowfall, freezing rain, or sleet.

• Natural Accumulation: Snow and ice that form naturally due to weather conditions.
• Unnatural Accumulation: Snow or ice that accumulates as a result of human action or a defect in the property, such as poorly designed drainage systems, defective gutters, or uneven surfaces that collect water and freeze.

The distinction between natural and unnatural accumulation is crucial because homeowners are generally not responsible for injuries caused by natural snow or ice. However, they may be liable for injuries caused by unnatural accumulations if those conditions are the result of a property defect or their actions.

Case Example: In Krywin v. Chicago Transit Authority, 238 Ill. 2d 215 (2010), the Illinois Supreme Court upheld the natural accumulation rule, ruling that a property owner is not liable for injuries caused by naturally occurring snow and ice unless the property owner creates or exacerbates the condition. In this case, a woman slipped on snow that had naturally accumulated on a CTA platform, and the court found that the transit authority was not liable because it had no duty to remove naturally occurring snow.

When a Residential Property Owner Could Be Liable for a Slip and Fall on Snow and Ice

While most claims for injuries caused by snow and ice are not actionable against residential property owners, there are exceptions where homeowners can still be held liable for slip and fall injuries. These exceptions typically involve unnatural accumulations of snow and ice or situations where the homeowner’s actions created a dangerous condition.

1. Unnatural Accumulation of Snow and Ice
   • If a property defect, such as poor drainage, a sloped driveway, or a malfunctioning gutter, causes an unnatural accumulation of snow or ice, the homeowner may be held liable. For example, if water from a defective gutter runs onto the sidewalk and freezes, creating a dangerous patch of ice, this would be considered an unnatural accumulation, and the homeowner could be liable for injuries.

Case Example: In Murphy-Hylton v. Lieberman Management Services, Inc., 2016 IL 120394, the Illinois Supreme Court held that a property management company could be liable for a slip and fall on ice that accumulated unnaturally due to defects in the property. Although this case involved a management company, the principle is applicable to residential property owners as well: if an unnatural accumulation is caused by the property owner’s failure to address defects, they can be held liable.

2. Willful or Wanton Conduct
   • The Snow and Ice Removal Act does not protect homeowners from liability if their actions rise to the level of willful or wanton conduct. This means that if a homeowner deliberately creates a hazardous condition or acts with reckless disregard for the safety of others, they may still be held responsible for any injuries that occur.

Example: A homeowner who shovels snow but intentionally piles it in front of a neighbor’s walkway, causing it to melt and refreeze, could be liable for any injuries caused by the ice patch.

3. Unaddressed Hazardous Conditions
   • Even if snow and ice accumulate naturally, property owners must still maintain other areas of their property. If a homeowner knows about a dangerous condition on their property, such as broken steps or uneven pavement, and fails to address it, they may be liable if someone is injured—even if snow or ice contributed to the fall. The key is whether the dangerous condition existed prior to or independently of the snow and ice accumulation.

How to Determine if You Have a Viable Slip and Fall Case

If you’ve been injured in a slip and fall on snow or ice at a residential property, the first step in determining whether you have a valid claim is to assess whether the snow or ice accumulation was natural or unnatural. An experienced Illinois slip and fall attorney can help review the facts of your case, including property conditions, the homeowner’s actions, and the presence of any defects that may have contributed to the accident.

“While Illinois law protects homeowners from liability for natural snow and ice accumulation, there are still circumstances where property owners can be held accountable. If an unnatural accumulation or reckless conduct leads to a slip and fall injury, victims may have the right to pursue compensation. At John J. Malm & Associates, we help clients navigate the complexities of these cases to ensure that homeowners who create dangerous conditions are held liable.” — John J. Malm, Naperville slip and fall lawyers

Contact the Illinois Slip and Fall Attorneys at John J. Malm & Associates

In Illinois, claims for injuries resulting from natural accumulations of snow and ice are generally not actionable against residential property owners due to the protections provided by the Snow and Ice Removal Act and the natural accumulation rule. However, exceptions exist when a property owner’s actions or property defects create an unnatural accumulation or hazardous condition.

If you’ve been injured due to snow or ice on someone else’s property, contact John J. Malm & Associates for a free consultation. Our experienced Naperville slip and fall attorneys can help determine whether you have a viable claim and guide you through the process of pursuing compensation.