Illinois has its fair share of bad weather. The state often deals with heavy snowfall, ice, and rain. Every winter, Chicagoans suffer serious injuries from weather-related falls that could have been prevented.
But who’s responsible when Mother Nature creates dangerous conditions? Can you sue for a slip and fall in bad weather? When the elements are involved, things get a bit more complicated.
This guide explains your rights, legal options, and the steps to take after a slip and fall accident in Chicago’s notorious bad weather.
Who’s Responsible for Snow and Ice Removal in Chicago?
Property owners are not required to clear walking areas while bad weather is ongoing. However, once the bad weather has passed, certain categories of property owners are responsible for clearing any accumulated snow, ice, or other hazards from walking surfaces. If a responsible party fails to return an accessible walking surface to a safe condition after a storm, and a person is injured as a result, then the responsible party may be liable for any resulting injuries.
Following a slip and fall accident in bad weather, several factors must be considered to determine who can be held responsible, including:
- Whether action or inaction by the responsible party increased the risk of a slip and fall accident
- Whether the storm worsened any pre-existing hazardous conditions
- How soon after the passing of the storm did the slip and fall accident occur
Residential Property Owner Protections
Homeowners in Chicago have more legal protection because of two important rules.
The Snow and Ice Removal Act
As opposed to other types of property owners, the owners of residential property in Illinois receive special protection from slip and fall accidents that occur on their property due to bad weather. The law providing these special protections to residential property owners is called the Snow and Ice Removal Act. Under the act, owners of residential property are not required to remove ice and snow from their property. If they choose to do so, however, they are generally protected from liability for injuries resulting from such removal.
The Natural Accumulation Rule
In addition to the act discussed above, courts in the state of Illinois follow the natural accumulation rule. This law provides additional protection to the owners of residential property in Illinois. Under the natural accumulation rule, a homeowner can’t be held liable for injuries caused by the natural accumulation of ice or snow on his or her property.
Common Bad Weather Slip, Trip, or Fall Injuries
Weather-related falls can cause serious injuries that may require treatment and recovery time. Even if you think you’re just bruised, some serious injuries like concussions or hairline fractures might not be immediately apparent. Common injuries from slip and fall accidents include:
- Broken wrists, arms, and ankles
- Hip fractures
- Traumatic brain injuries from hitting your head
- Back and spinal cord injuries
- Shoulder injuries (including dislocations and rotator cuff tears)
Steps to Take After a Weather-Related Slip and Fall Accident
Whether you’ve fallen on residential or commercial property, it’s important to take immediate action. Steps to take following a slip and fall accident in bad weather include:
- Get medical help right away: Seek immediate medical attention, even if you think your injuries are minor.
- Document everything: Before leaving the scene, take clear photos of the exact spot where you fell, note the weather conditions and time of day, and get the names and contact information of anyone who saw your fall.
- Report the accident properly: Notify the property owner, manager, or landlord about your fall.
- Contact a Chicago injury attorney: A local attorney who knows Chicago’s premises liability laws can protect your rights.
Contact an Experienced Chicago Slip and Fall Attorney Today
If you have been hurt in a slip and fall accident in Illinois, don’t suffer alone. At Your Chicago Lawyer, we understand the complexities associated with slip and fall accidents and have helped injured Chicagoans recover fair compensation.
Our firm is knowledgeable about Chicago’s specific laws and how to prove property owner negligence. Call us today at 312-444-4444 or fill out this brief form to connect with an experienced injury attorney for a free consultation.