Still your best friend. Last week's sidewalk snow removal guidelines for homeowners prompted the question of legal liability. It's courteous to pedestrians to keep sidewalks clear, but is it required by law? Can a homeowner be held responsible for injuries arising from a snow- or ice-related fall? The answers are no, and probably not.
It is not required by Illinois law for homeowners to shovel their sidewalks, and the law even grants a special civil immunity to homeowners from sidewalk slip-and-fall lawsuits. (Businesses, on the other hand, are not immune from liability.)
It is not required by Illinois law for homeowners to shovel their sidewalks, and the law even grants a special civil immunity to homeowners from sidewalk slip-and-fall lawsuits. (Businesses, on the other hand, are not immune from liability.)
In the event of a slip and fall caused by snow or ice on a sidewalk, Illinois law generally sides with the homeowner. The Illinois Snow and Ice Removal Act explicitly protects homeowners from being held liable for injuries resulting from a slip and fall on their sidewalk. That is, unless "the alleged misconduct was willful or wanton." A homeowner can be held liable if the ice or snow buildup was an "unnatural accumulation." For example, if a homeowner neglects to fix a broken gutter which leads to the formation of unusually thick ice on the sidewalk, he or she may be held liable in the event of a lawsuit. However, most homeowners are in the clear, because the vast majority of cases alleging an "unnatural accumulation" are unsuccessful.
To recap: (1) as a homeowner, you aren't required by Illinois law to shovel your sidewalks, and (2) you're generally immune from liability if a pedestrian slips and injures him or herself on your sidewalk. Keep in mind, however, that individual municipalities (i.e. the City of Chicago) can choose to issue fines for uncleared sidewalks. Make sure to check local ordinances regarding sidewalk snow removal responsibilities for homeowners.
As a pedestrian, exercise caution when traversing through ice or snow. If you experience serious physical injury after a slip and fall caused by what you believe to willful negligence on behalf of the homeowner or business owner, an experienced slip-and-fall attorney can help assess your potential case.
Posted by DMM at the Law Offices of Hugo A. Ortiz.
This site is intended solely for Illinois residents. Click here to read our full disclaimer. Copyright © 2014 Law Offices of Hugo A. Ortiz, P.C. Content may not be reproduced without written consent.
To recap: (1) as a homeowner, you aren't required by Illinois law to shovel your sidewalks, and (2) you're generally immune from liability if a pedestrian slips and injures him or herself on your sidewalk. Keep in mind, however, that individual municipalities (i.e. the City of Chicago) can choose to issue fines for uncleared sidewalks. Make sure to check local ordinances regarding sidewalk snow removal responsibilities for homeowners.
As a pedestrian, exercise caution when traversing through ice or snow. If you experience serious physical injury after a slip and fall caused by what you believe to willful negligence on behalf of the homeowner or business owner, an experienced slip-and-fall attorney can help assess your potential case.
Posted by DMM at the Law Offices of Hugo A. Ortiz.
This site is intended solely for Illinois residents. Click here to read our full disclaimer. Copyright © 2014 Law Offices of Hugo A. Ortiz, P.C. Content may not be reproduced without written consent.
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