Slip and fall accidents can happen for many different reasons. One of the most common causes is adverse weather conditions that leave ice or snow on the ground or sidewalk.
When a property owner fails to clear snow or ice promptly, this can increase the chance of slip and fall accidents. If you were injured by a slip or fall involving snow or ice in Orland Park, please contact our experienced team. Dedicated slip and fall attorney, Michael J. Brennan, could help with your case.
State Laws Impacting Duty to Remove Snow or Ice
The state has outlined the duty of residential property owners to remove snow or ice in the Snow and Ice Removal Act, 745 Ill. Comp. Stat. § 75/1. The statute is designed to encourage property owners to remove snow or ice from their property by limiting their legal liability for related injuries.
Specifically, the law limits a residential property owner’s liability to situations where their snow removal actions amount to clear wrongdoing. Additionally, the law provides liability protections for individuals who remove snow or ice from sidewalks abutting their property.
The rule states that individuals who remove snow or ice from sidewalks are not liable for injuries caused by snow or ice accumulations.
However, the statute provides that the property owner is liable for willful or wanton misconduct. For example, an Orland Park property owner may be liable for accidents resulting from purposely shoveling snow or ice onto their neighbor’s property if their actions create a hazard.
Liability For Unnatural Accumulations
Slips and falls due to snow or ice in Orland Park fall under the legal theory of premises liability. According to the state’s Premises Liability Act, 740 Ill. Comp. Stat. § 130/1, property owners have a general duty to use reasonable care when dealing with visitors or guests.
If a hazard exists on the premises, this duty of reasonable care requires that property owners make the conditions as safe as possible and warn guests about known dangers.
Despite the limited protections provided by the Snow and Ice Removal Act, a property owner or occupier may still be legally liable in specific scenarios for slip and fall injuries caused by snow or ice. For example, courts may find a property owner liable if existing defects or hazards on the property lead to unnatural snow and ice accumulations.
The evidence required to prove premises liability will vary from case to case. Photos, video footage, witness testimony, and medical records may be required.
It is also important to note that property owners may be liable for injuries to trespassers on their property if a court determines that the slip and fall resulted from willful or wanton conduct that endangered the trespasser. Additionally, property owners may be liable for child trespassers who are unable to appreciate certain risks or hazards.
Comparative Negligence May Limit Damages
An Orland Park plaintiff injured in a slip and fall from snow or ice can pursue economic damages for out-of-pocket expenses and noneconomic damages for immeasurable emotional and physical harm.
However, a court may limit the damages if the individual’s own negligence contributed to their injuries. The state follows the doctrine of modified comparative negligence, according to 735 Ill. Comp. Stat. § 5/2-1116.
The rule states that plaintiffs can still recover damages if they were also at fault, as long as they were no more than 50 percent at fault. If the plaintiff’s negligence exceeds this threshold, they are barred from recovering any damages.
Assuming the plaintiff remains under this threshold, the court will reduce their damages in proportion with their level of fault. For example, a plaintiff that was 25 percent at fault can recover up to 75 percent of the damages sought.
Consult With an Orland Park Attorney About Slip and Falls From Snow or Ice
When you or a loved one suffers injuries from slip and falls involving snow or ice in Orland Park, you should speak with a lawyer as soon as possible. Our knowledgeable legal team has extensive trial experience.
It is important to file your lawsuit as soon as possible. The state imposes a general two-year statute of limitations to file your claim. Call today to speak with a seasoned personal injury attorney.
