You can sue a business for slipping on ice if you can prove the property owner was negligent in how snow or ice was removed, that a building or sidewalk defect caused accumulation, or that a contract required snow and ice removal, and these factors directly resulted in your injury from a slip on ice. Understanding slip and fall on ice settlements can provide insight into the compensation you may receive if you successfully establish your claim.
Not all slip and fall cases will succeed, especially if snow or ice naturally accumulated. For assistance, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
Slip and Fall Accidents Can Be Serious
Cold, freezing weather commonly affects Illinois from late fall to early spring, creating hazardous walking conditions due to low temperatures, snow, and ice. Hazards may be tough to spot; for example, a cleared sidewalk might still have hidden ice underneath, or melting snow can turn into puddles that refreeze at night.
Slip and fall accidents can cause serious injuries, resulting in over 1 million emergency room visits in the U.S. annually. If you encounter these risks unexpectedly, you may fall and suffer serious injuries, especially to your head, wrist, hip, knee, leg, or ankle.
Common injuries that can affect your life after a slip and fall injury include:
- Sprains and strains
- Broken bones
- Tears in muscles, ligaments, and tendons
- Damage to nerves
- Herniated or ruptured discs, particularly in the lower back
- Concussions and various types of traumatic brain injuries
One of the common mistakes after a slip and fall injury is not seeking immediate medical attention. A timely examination can aid recovery and strengthen a legal claim against the negligent property owner.
Can You Sue a Business for Slipping on Ice?
Slip and fall accidents are categorized under personal injury law, specifically premises liability. The Illinois Premises Liability Act defines the obligations of property owners to keep their properties safe. If a property owner or occupier neglects this duty of care, they can be held liable.
Slip and Fall Accidents in Illinois
To be successful in a typical slip and fall claim in Illinois, you need to establish four key elements of negligence: the landowner had a duty of care towards you; this duty of care was breached; you suffered an injury; and your injury was a direct result of the breach of duty.
The Illinois Premises Liability Act states allows you to hold property owners or occupiers liable if you can demonstrate the following:
There Was a Hazardous or Dangerous Condition on the Premises When the Accident Occurred
You must show that a hazard was present where your injury occurred. In typical slip and fall claims, these can be a slippery floor, loose wires, uneven surfaces, poor lighting, or any other dangerous condition that led to your slip and fall. If it’s safe, take pictures of the hazard immediately after the incident as proof.
The Property Owner Either Was Aware or Should Have Been Aware of the Hazard or Defective Condition
To establish this element, you can provide evidence that the property owner was either aware or should have been aware of the hazardous situation. For example, if an employee notified the owner about a spill in a store, the owner would be informed of the risk. Typically, property owners are expected to routinely inspect their premises to discover possible hazards and either notify visitors about these dangers or address the problems directly.
The Property Owner Failed to Take Reasonable Steps to Protect People on the Premises from the Hazard
According to Illinois law, property owners are required to exercise “reasonable care” to keep their premises safe for visitors, although the details may differ depending on the context. If a landowner knows about a hazard but neglects to fix it or to inform visitors, they could be held responsible for resulting injuries. Examples of this include not cleaning up spills or not properly maintaining escalators and walkways, which can create unsafe conditions or reduce visibility.
Due to the Property Owner’s Failure to Eliminate the Hazard, You Suffered a Slip and Fall Injury
To successfully file a claim, you must have sustained some form of personal injury or damage. If you haven’t experienced any damages, there is no compensation to seek from the property owner.
In slip and fall incidents involving ice or snow in Illinois, there’s an important concept to consider known as the natural accumulation rule.
The Natural Accumulation Rule
In Illinois, property owners generally aren’t required to remove natural accumulations of snow, ice, or water, known as the Natural Accumulation Rule. You typically cannot sue property owners for falls caused by these natural conditions or their failure to address them. Property owners are generally not liable for falls due to unshoveled snow, ice, or hazards from tire tracks and footprints. However, there are exceptions where you may be able to file a premises liability claim after a slip and fall due to snow, ice, or water on a property.
Negligent Removal by the Commercial Property Owner
You may have the right to file a claim against a commercial property owner if their negligent snow or ice removal leads to an unnatural buildup of snow, ice, or water. For example, if the owner left snow piles in a parking lot that melted during the day and then froze at night, it could create hazardous black ice patches.
Negligent Design or Maintenance of the Sidewalk or Parking Lot Pavement
If poor design or maintenance of the pavement leads to unnatural buildup of snow, ice, or water, the property owner or occupier may be liable. Issues like the parking lot’s slope or unrepaired pavement cracks could cause hazardous accumulations. Liability can also stem from snow or ice buildup caused by gutters, down spouts, or roofs.
Contract or Lease
A contract or lease may establish an obligation for a property owner or occupant to clear away snow or ice. If the owner is aware or should reasonably be aware that snow, ice, or water has gathered on the property and does not take steps to mitigate or inform others about the hazard, they could be held responsible.
The Natural Accumulation Rule Affects the Definition of a Hazard
If ice or snow is present, and you experience a slip and fall, the same criteria that apply to any other slip and fall incident also apply here, although the definition of a hazardous condition may vary. It’s important to evaluate this situation carefully, as having ice or snow does not automatically create a hazardous condition. A hazardous situation due to snow or ice is established if:
- The property owner clears snow or ice in a manner that results in a hazard that wouldn’t have existed otherwise.
- There is a flaw in the building or sidewalk that leads to the accumulation of snow or ice in specific areas, which the property owner was aware of and had sufficient time to address.
- A contract or lease outlines an obligation to remove snow or ice.
How a Slip and Fall Lawyer Can Help You Pursue a Case Against a Business
A Chicago slip and fall lawyer who understands the slip and fall case timeline can assist you in suing a business by investigating your accident and gathering evidence such as surveillance footage and witness statements. They will establish the business’s liability for the unsafe conditions that caused your fall and negotiate a fair settlement with the insurance company. If needed, your slip and fall lawyer will represent you in court to ensure you receive appropriate compensation.
Investigate and Collect Evidence
Your lawyer will gather essential evidence to prove the property owner’s negligence, including photos of the scene, witness statements, incident reports, and medical records documenting your injuries.
Assess Liability
Your attorney will evaluate the situation to establish if there is liability due to the business’s negligence in removing snow or ice, neglecting to fix a defect in the building or sidewalk that resulted in a hazardous condition, or if there was a contract or lease agreement requiring the property owner to clear the snow and ice.
Quantify Your Damages
By reviewing your medical records, your lawyer will assess the extent of your injuries and calculate both your monetary losses and non-monetary damages like pain and suffering.
Negotiate With Insurance
Your lawyer will communicate with the business’s insurance company to seek a settlement covering your medical costs, lost wages, and pain.
Represent You in Court
If negotiations are unsuccessful, your personal injury lawyer will represent you in court, presenting evidence to support your claim.Having the right attorney is crucial whether your case settles quickly or requires a lawsuit. Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC if you need a slip and fall lawyer who understands how to hold businesses or property owners accountable for your accident, injuries, and losses.
