Generally, the answer depends on how the water, snow or ice accumulated on the property. If it is a “natural accumulation,” meaning that it was not caused or aggravated by the acts of any person, the courts will find no liability against the owner of the property. There is a substantial body of caselaw in Illinois involving natural accumulations, which is too complex to explain in one post. And, in fact, sometimes we see courts make rulings which we believe are inconsistent with how other courts have ruled in similar circumstances. But, keep in mind the following basic principles:

1. An owner has no duty to remove ice or snow that has generally resulted from natural accumulations, no matter how long the natural accumulation existed.

2. Municipal ordinances requiring snow removal do not create liability for a person injured in a fall on an uncleared area.

3. An owner who does remove snow and ice must do so in a reasonable manner. A simple pile of snow plowed or shoveled can cause an unnatural accumulation which would expose the owner to liability.

4. A person claiming injury must identify the cause of the water formation and must show that it was due to unnatural causes, or a natural cause that was aggravated by the owner who knew or should have known of the condition.

5. For residential property, the Illinois legislature (in the Snow and Ice Removal Act) has provided protection for homeowners who shovel their sidewalks. The Act grants immunity to residential owners or occupants who remove or attempt to remove snow or ice from a sidewalk as long as their conduct is not “willful or wanton.”

Again, these are basic principles. If you have been injured as a result of slipping or falling on water, snow or ice, it is important that you contact an attorney to see if you have a case. Mag Mile Law offers free consultations, so please feel free to contact us at [email protected] for a free consultation or for more information about our premises liability personal injury practice. Our premises liability personal injury attorneys are former defense attorneys, and now they are on YOUR side!

Recent Posts

FIFA’s New Regulations in Dealing with Minors

On April 1, 2015, FIFA's Regulations on Working with Intermediaries became effective. The 2015 Regulations essentially de-regulated the football agent industry. For instance, the Regulations no longer required agents to be licensed, pass an exam or provide insurance....

How Much do Soccer Players Make?

I often get asked the question, "How much do soccer players make in MLS?" Some people are just curious because they have no idea what type of salaries soccer players make, especially in the USA. Some people want to compare Major League Soccer salaries to European...

Play College Soccer or Turn Pro?

As a soccer agent, I am frequently asked by parents whether their son or daughter should player soccer in college or try to turn professional right away. As someone who played Division I college soccer at Yale University, I can honestly say that playing soccer was...

Attorney Iveljic on Essential Elements of a Valid Contract

DocPro.com: Mag Mile Law Attorney Mario Iveljic gives insight into essential elements of a valid contract. Contracts form the backbone of society by establishing trust and minimizing risks between parties. A contract is the exchange of an act or promise between two or...

Loss Payees, Lenders and Mortgagee

Imagine the following scenario: You are a senior secured lender on equipment damaged in a fire. The owner of the property where the equipment is located files a claim against his insurance company for the loss. You, as the secured lender, are a loss payee on the...

Call Now to Get a Free Case Evaluation