The state of Illinois is infamous for its harsh and long winters. And this winter, the Farmers’ Almanac is predicting unseasonably cold conditions and a lot of snow. This means snow and ice on roads, sidewalks, driveways, and in parking lots, creating slip and fall hazards for anyone walking. While the threat of a slip and fall is real, it is important to remember that property owners have a duty to remove snow and ice that is on their property – if they do not, and a slip and fall accident resulting in injuries occurs – they may be held liable for damages.
How Much Time Do Property Owners Have to Remove Snow?
The specific amount of time that property owners have to remove snow and ice from their property is dependent upon where they live. Illinois does not have an overarching law that sets a time frame for how long property owners have to take action. Many cities have set their own laws, however. For example in Chicago, municipal code mandates that property owners remove snow with three hours of its falling (except for on Sundays) if the snow falls before 4:00 p.m. If the snow falls after 4:00 p.m., property owners have until 10 a.m. the next day to remove it.
In general, the “reasonable amount of time” standard is applied. This standard means that a property owner should make sure that his or her property is in a safe condition within a reasonable time frame; the actions of others nearby (i.e., neighbors who have or have not shoveled snow) may be the foundation on which this time frame is based.
Is a Property Owner Liable for My Slip and Fall?
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If you have slipped and fallen on snow or ice on another’s property, including the property of a private residence, commercial property, store, business, etc., then yes – that property owner may be held liable for your injuries. This is true in the event that the property owner knew of the snow or ice but did not take action to remove it per municipal code or in a reasonable amount of time.
There are some exceptions to this, however. According to Illinois Compiled Statutes – Snow and Ice Removal Act, property owners are protected from liability in the event that the property owner “removes or attempts to remove snow or ice.” In the event that a slip and fall occurs when the property owner removed or attempted to remove the snow or ice, then the property own can only be held liable in the event that the harm sustained by the victim was wanton or willful on the part of the property owner.
Why You Need an Experienced Slip and Fall Attorney
If you are involved in a slip and fall accident on someone else’s property this winter, reaching out to an experienced Western Springs slip and fall attorney is the best thing that you can do. The legal team at the office of Mary Ann Covone Attorney at Law can guide you through everything you need to know about filing a slip and fall action against a property owner and recovering your full damages amount. Call us today for a free consultation at 708-246-4911.