After sustaining injuries in a winter fall on snow or ice, you may be able to file a claim against liable parties, such as property owners and managers. The dangers of snow and ice are particularly present in Illinois, making liability largely dependent on whether the condition was a natural or unnatural condition.
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If your injury on snow or ice resulted from another party’s negligence, consult with the Chicago premises liability attorneys at Ankin Law by calling 312-600-0000.
Who Is Legally Responsible for Snow and Ice Accidents in Illinois?
According to data from the National Safety Council (NSC), falls are the second-leading cause of deaths from unintentional injuries, with 46,653 people dying from falls in a recent year. Many slip and fall accidents occur because of ice and snow, especially in the Chicagoland area, which sees large accumulations of snow and ice over the winter months.
Because of the natural occurrence of these conditions in Illinois winters, victims need to prove that a liable party caused the accident through negligence resulting in an “unnatural” accumulation.
Typically, in these cases, property owners are the primary liable party, but liability could also apply to management, construction companies, third-party contractors, and others. For example, a property owner may fail to maintain property, leading to poor drainage or inadequate snow removal that might increase the risk of an accident.
How Do Illinois Laws Affect Snow and Ice Injury Lawsuits?
If you slip at a big box store or any other location and sustain injuries, whether you can file a claim against the property owner or another party will depend on whether the weather condition falls under the Illinois Natural Accumulation Rule.
This particular rule states that property owners and possessors have no “duty” to eliminate snow, water, or ice accumulation on their property, regardless of how long that accumulation has been on the property.
However, in some instances, accumulation could qualify as “unnatural” and make property owners or others liable if that owner negligently attempted to remove it, worsens a natural accumulation, or takes actions that result in a new unnatural accumulation.
An example of unnatural accumulation is a property owner who fails to ensure proper water drainage in a safe location, resulting in water runoff from a drain to freeze on a sidewalk or street and cause a slip and fall accident.
What Evidence Do You Need to Prove a Snow or Ice Injury Claim?
There are multiple pieces of evidence that could help prove liability when snow accumulation causes accidents. You will need strong evidence showing how snow or ice was an “unnatural accumulation” based on the Illinois Natural Accumulation Rule.
Some of this evidence could include the following:
- Photographs and video footage of the area and your injuries
- Surveillance footage possibly capturing the accident
- Witness statements and contact information
- Notes describing the incident, including the precise date, time, and weather condition
- Medical records providing an official diagnosis of injuries
- Damaged physical property or receipts for repairs or replacements
This and other evidence could help you if you plan to sue for a fall on ice or snow in Illinois. Experienced premises liability lawyers could then help you organize this evidence to build a claim or lawsuit.
What to Do After a Slip and Fall on Snow or Ice in Chicago
Here are critical steps to take to prove snow and ice liability in Illinois:
Get Medical Attention
If you sustain injuries from your fall, it’s important to see a medical professional as soon as possible to treat them and receive a formal diagnosis. The sooner you see a doctor, the sooner you will be able to obtain medical records and be able to link the accident to your injuries.
Otherwise, waiting too long could make your condition worse and give the impression that your injury was unrelated to the slip and fall.
Photograph or Record Video Footage of the Accident Scene
If you are able, photograph or record video of the accident scene immediately after the accident. Photos and video footage could effectively show that the hazard is “unnatural” and help support your winter slip and fall claim. Also, take photos or video recordings of your injuries.
Report the Accident
Report the accident to property owners and, if the property was commercial, request an incident report from property management, which could further strengthen your case.
Collect All Relevant Evidence
In addition to photos and video footage of the accident scene and injuries, you should gather as much evidence as possible that applies to your case. An attorney could help obtain any evidence you are unable to on your own and use it to bolster your claim.
Speak With an Attorney
Before filing a claim or taking any other legal action, it’s crucial to consult a slip and fall lawyer with experience handling similar cases. A reliable lawyer would be able to sit with you in a free initial case evaluation to review the case.
If the attorney decides to provide representation, he or she could then help you navigate the legal process to maximize your chances of succeeding with a claim.
Insurance companies for commercial businesses tend to be effective at finding grounds to deny or minimize claims, making it important to avoid making the wrong statement or using weak evidence. An attorney would be able to conduct negotiations, presenting evidence and calculating the total damages involved to keep you from settling for an offer that’s lower than your case’s true value.
Consult a Chicago Slip and Fall Lawyer Today
Following a slip and fall on ice or snow in Illinois, and you believe negligence caused your injuries, it’s in your best interest to speak with an attorney who can build a case in your favor.
Contact us today to speak with the legal team here at Ankin Law and schedule your free case evaluation.
FAQs
1. Can I sue a property owner for slipping on ice in Chicago?
If snow or ice accumulation fell on the liability of a property owner in Chicago, and this condition caused a slip and fall accident, injury victims may be able to file a claim or lawsuit against this party for negligence.
2. What is the “natural accumulation” rule in Illinois slip and fall cases?
According to the state’s “natural accumulation” rule, property owners generally won’t be liable for slip and falls and subsequent injuries if snow, ice, or water naturally accumulated on a property, such as through unexpected weather conditions.
3. How long do I have to file a claim for a snow or ice injury?
The statute of limitations for premises liability in Illinois is two years, meaning that victims have two years to file a claim or lawsuit before they are unable to seek compensation, with some exceptions, such as if the victim was incapacitated because of his or her injuries or under the age of 18 at the time of the accident.
