Snow and ice are a way of life during winter in Chicago. Winter weather can swallow sidewalks, driveways, parking lots, and roadways, leaving many to wonder: can you sue for slipping on ice?
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Under premises liability laws, property owners and managers are required to keep their property safe and free from hazards. The failure to do so can result in liability for injuries sustained in a slip and fall accident on the property.
Filing a Slip and Fall on Ice Lawsuit: Can You Sue for Slipping on Ice?
If you have been injured in a slip and fall on ice on another person’s property, such as a parking lot or a city park, pursuing legal action can be an uphill battle.
Under Illinois law, a property owner can only be held liable for slip and fall injuries if the owner aggravated the natural accumulation of ice, snow, or water in a way that was unnatural. In other words, a property owner will not be liable for the failure to remove natural accumulations of snow or ice. However, if the landowner or a hired contractor creates an unnatural accumulation of snow and ice, then liability may attach if they failed to use ordinary care.
Furthermore, the Illinois Natural Accumulation Rule and the Snow and Ice Removal Act of 2005 protect property owners from lawsuits if they shovel natural accumulations of snow and ice. If, however, there is a defect on the property, such as a cracked rain spout or a poorly maintained parking lot, that creates an unnatural accumulation of snow and ice, the property owner could be liable for slip and fall on ice accidents and injuries.
Can I Sue the City of Chicago for a Slip and Fall Accident?
Publicly-owned recreational facilities, such as city parks, have broad immunity from slip and fall liability under the Illinois Supreme Court’s decision in Moore v. Chicago Park District. In that case, the Chicago Park District had taken several measures to move snow and ice, including plowing, shoveling, and salting, but a small pile of snow gathered at the edge of the parking lot, which caused a woman to fall. She suffered a broken leg and later died of complications.
The court held that the city could not be held liable under Section 3-106 of the Local Governmental and Governmental Employees Tort Immunity Act. Lawsuits based on snow and ice slip and fall accidents involve complex legal and factual issues, so consulting a skilled Chicago personal injury attorney is crucial.
Who Is Liable for a Slip and Fall on Ice?
Liability for a slip and fall on ice depends on whether your fall occurred on public or private property.
If you slip and fall on private property, you may have a claim against the property owner if they created an unnatural accumulation of snow or ice. If you slip and fall on government property, you may not be able to pursue a legal claim against the government entity.
Under premises liability law, property owners and managers are required to keep their property safe and free from hazards. The failure to do so can result in liability for any injuries sustained in a slip and fall accident. A property owner will not be liable for failing to remove natural accumulations of snow or ice, but liability may attach if they or someone acting on their behalf created an unnatural accumulation and failed to exercise ordinary care.
Slip and Fall on Ice Statute of Limitations
There is a limited amount of time during which you can file a legal claim for snow and ice-related injuries. In Illinois, you typically have two years from the date of your injury to file a lawsuit for your slip and fall injury claim, however, there are circumstances that may increase or decrease this time limit, such as cases involving government entities or if the victim was a minor. This is why consulting an experienced slip and fall attorney is essential, as doing so can help you determine how the slip and fall statute of limitations applies to your case.
When Should I See a Doctor After a Slip and Fall?
If pain doesn’t improve within 24 hours, your pain is severe, or you suffered an obvious serious injury, it is in your best interest to seek a medical evaluation from a professional, though you should get checked out by a doctor even if you feel fine, as some injuries may not be obvious at first. Seeking prompt medical care ensures you get the treatment you need to heal properly from your injury. It also creates documentation of your injuries, which will strengthen your case and help you seek compensation for your injuries.
Not seeking prompt medical care tells insurers that your pain wasn’t as severe as you claim it is, and also opens the door for accusations that your injuries came from elsewhere, and not your fall. Insurers use these tactics to reduce or eliminate the payout owed to you. This is one of the reasons that prompt medical care is so important.
Slip and Fall FAQs
How Long Does a Slip and Fall Case Take to Settle?
How long a slip and fall case takes to settle depends on a variety of factors, including the nature of the injury, whether the insurance company is being cooperative, and what evidence you were able to gather. Each case is different, however, it can take anywhere from a few months to a few years to settle a slip and fall case.
What if I am Partially to Blame for My Slip and Fall Accident?
If you are found to be partially to blame for your sip and fall accident, the compensation you receive will be reduced based on your percentage of fault. For instance, if you were found to be 30% liable for your injuries, your compensation would then be reduced by that 30%.
Does a Warning Sign Negate Liability?
Property owners may be able to limit their liability for your injuries if they post a warning sign, however, it doesn’t automatically absolve a property owner of all liability.
Hire an Experienced Attorney for Your Slip and Fall Case
Hiring an experienced slip and fall attorney for your case is essential in protecting your rights and ensuring you recover what you deserve. With an attorney on your side, you can rest easy knowing the legal side of things is being handled for you.
At Ankin Law, we’re injury law made personal. We work closely with you to make sure all evidence and details are applied to your case, and we will represent you if your case goes to trial. When you work with Ankin Law, you can expect:
- 24/7 legal support
- Professional and personalized legal representation
- Free consultation
- Contingency fee structure (you pay NO legal fees unless we collect for you)
Don’t delay, call Ankin Law today and get justice.
