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Who Is Liable if I Fall on Sidewalk Ice in Illinois?
When you slip and fall on an icy sidewalk, it can cause serious injuries. These accidents can leave you with significant medical bills and lost income. In Illinois, you may be able to recover those costs with a premises liability claim. If you are injured on a sidewalk, whether it is from ice or any other dangerous condition, speaking with experienced Rolling Meadows, IL premises liability lawyers can help you understand your legal options and protect your rights.
Who Is Responsible for Clearing Ice and Snow on Sidewalks in Illinois?
Responsibility for a slip-and-fall accident on a sidewalk depends on where the fall took place. It could be next to a private home, an apartment building, a business, or on city property. Illinois law makes a distinction between natural accumulation and unnatural accumulation of ice. Natural accumulation is ice that forms from normal winter weather. Under Section 1 of the Illinois Snow and Ice Removal Act, residential property owners are encouraged to remove snow and ice. They often cannot be held liable for injuries caused by natural accumulation.
However, businesses, landlords, and commercial property owners have a greater responsibility to maintain safe walkways. When they invite customers onto their property, they are expected to take reasonable steps to prevent hazards that they know about or should know about.
Can I Sue a Property Owner for a Slip and Fall on Ice?
A claim is much more feasible if the ice came from unnatural accumulation, which means the property owner caused or contributed to the unsafe conditions. For example, a broken gutter that leaks water onto a walkway, snow piles that melt and refreeze due to the way they were placed, or poor drainage causing water to freeze in high-traffic areas could all create unnatural accumulation.
If you are partially responsible for the accident, that can affect your claim. Illinois follows comparative negligence guidelines. Under 735 ILCS 5/2-1116, if you are more than 50 percent responsible for the fall, you cannot recover compensation. If you are less than 50 percent responsible, you may still recover damages, but they may be reduced by the percentage of your share of fault.
There is also a time limit for filing such claims. Under 735 ILCS 5/13-202, most personal injury cases must be filed within two years. Claims involving city or government property may require shorter notice deadlines, so you want to act quickly.
How Do I Prove Negligence in an Illinois Ice-Related Slip-and-Fall Case?
Some evidence you will need to prove negligence includes:
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Photographs of the ice and surrounding conditions
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Witness statements or contact information
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Weather reports from the day of the fall
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Evidence of drainage problems or melting patterns
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Maintenance or inspection records kept by the property owner
What Should I Do After I Slip and Fall on an Icy Sidewalk?
After a fall, try to stay calm and focus on your health and safety. Seek medical care as soon as possible, even if you do not feel symptoms right away, because some injuries take time to appear. Report the incident to the property owner or business manager when possible. Avoid discussing the accident with insurance companies or signing paperwork before getting legal advice. An attorney can help protect your rights and prevent you from saying something that may harm your claim later.
Schedule a Free Consultation With a Schaumburg, IL Slip-and-Fall Accident Attorney Today
At Newland & Newland, LLP, we value our communities and the people we represent. Our team has many decades of combined experience and has secured millions of dollars in successful results for our injury clients. Contact us today at 847-797-8000 to schedule your free consultation. Our experienced Rolling Meadows, IL premises liability lawyers can guide you through the legal process. We can provide services in English, Spanish, and Cantonese.

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