Property Owner Sued for Slip and Fall on Ice
A plaintiff recently filed a slip and fall lawsuit against an Illinois business. According to the plaintiff, he slipped and fell on an “unnatural accumulation of ice.” The plaintiff contends that he exercised reasonable care and caution for his own safety while on the defendant’s property. However, according to his lawsuit, he was caused to fall and suffer severe injuries due to the presence of a dangerous and unnatural accumulation of ice and snow. The plaintiff contends that the business owner was negligent in that they allowed a pothole to form on their property which later became filled with ice and snow creating a slip hazard that posed an unreasonable risk of harm to the general public.
Who is liable for slips on the ice in Illinois?
Illinois makes no presumption in favor of the victim when it comes to slips and falls on ice and snow. Even if the property owner fails to shovel or otherwise fails to remove ice and snow from their property, they cannot be held liable under Illinois law. In order to have an actionable claim against a property owner related to a slip and fall on ice or snow, the plaintiff must establish that the property owner aggravated a natural condition or that the accumulation of ice or snow resulted from an unnatural condition.
In the case mentioned above, the plaintiff is accusing the property owner of allowing an unnatural condition (the pothole) to create a dangerous slip hazard to the public.
Under the law, a natural accumulation of ice and snow is the result of weather conditions. Snow that has been compacted down due to foot traffic or vehicular traffic still constitutes a natural accumulation. In order to hold a property owner liable, you must show that they moved the snow or that an already-dangerous condition on the premises caused the snow to become more dangerous than it otherwise would be. In this case, the plaintiff is contending that the pothole contributed to an “unnatural condition” of ice and snow and made both considerably more dangerous.
An unnatural condition of ice and snow generally involves snow removal efforts that create a dangerous condition. As an example, if a property owner hires a snow removal company to remove snow from its parking lot, it must ensure that the removal activities do not create an unnaturally dangerous condition in the parking lot. In one case, a large pile of snow would continuously melt and refreeze resulting in ice patches throughout a parking lot. This created a slip hazard for patrons and was not caused by natural weather conditions. Instead, it was caused by the way in which the snow was piled.
Talk to a Slip and Fall Injury Attorney Today
Patel Law, PC represents the interests of those who have been injured in slip and fall accidents. Call our Decatur personal injury lawyers today to schedule an appointment, and we can begin investigating your claims right away.
Source:
patch.com/illinois/shorewood-il/charles-sharp-sued-after-shorewood-resident-slips-ice
