Slip and Fall Accident on Snow and Ice in Chicago

Chicago Lawyers Handling Slip and Fall Cases Caused by Snow and Ice

At Slip & Fall Injury Lawyers, we represent individuals hurt in a slip and fall accident on snow and ice throughout Chicago and the surrounding areas. If you’ve been injured because a property owner failed to remove snow or address icy patches, you may have grounds for legal action. Our team understands the specific challenges of these cases under Illinois law and is committed to helping injured individuals hold the responsible party accountable.

Why Should You Hire Slip & Fall Injury Lawyers for Your Chicago Case

At Slip & Fall Injury Lawyers, we bring years of experience and a strong track record of results in representing clients injured in slip and fall accidents. Recognized by Super Lawyers and the Million Dollar Advocates Forum, our team has recovered millions for injured clients across Illinois.

In one case, after slipping on an icy walkway outside a Chicago church, 27-year-old Angela suffered a fractured pelvis that required surgery and months of rehabilitation. Our attorneys proved the church failed to properly salt the area, despite knowing about the freezing temperatures. The $2 million settlement reflected the severity of her injuries and long-term impact.

Where Do Slip and Fall Accidents on Ice and Snow Occur Most Often in Chicago?

Slips and falls on snow or ice are common across Chicago during the winter months, especially in areas with high foot traffic and poor snow and ice removal. Sidewalks near CTA stations, parking lots at stores like Jewel-Osco or Walmart, and entrances to office buildings downtown are frequent hotspots.

Residential areas on the South and West Sides often see more injuries when a residential property owner fails to clear snow. Industrial zones near Pulaski Road and warehouses near O’Hare also pose risks for workers facing slick surfaces during early morning shifts.

What Are Common Slip and Fall Injuries Caused by Ice and Snow?

Falling on snow and ice can lead to serious injuries, especially when the impact occurs on hard surfaces like sidewalks or parking lots. Common injuries include broken wrists, fractured hips, tailbone injuries, concussions, and back trauma.

In more severe cases, victims may suffer spinal cord damage or require surgery and long-term care. No matter where the fall happens, the consequences can be life-changing without immediate medical attention.

What Laws Govern Slip and Fall Claims Involving Snow or Ice in Chicago?

Slip and fall accidents on snow or ice in Chicago are covered under several state laws, most notably those tied to premises liability. Under 740 ILCS 130/, property owners and occupiers have a legal duty to maintain safe conditions for people legally on their property.

If they fail to take reasonable steps to clear hazards like snow or ice, and someone gets hurt, they may be held liable through a negligence claim.

Natural Accumulation Rule

Illinois law generally follows the Natural Accumulation Rule, which protects property owners from liability if someone slips on snow or ice that accumulated naturally due to weather. However, if the accumulation was unnatural—such as ice forming due to poor drainage or melting from roof runoff—the property owner can be held responsible.

Snow and Ice Removal Act

The Illinois Snow and Ice Removal Act (745 ILCS 75/) encourages residential property owners to clear snow and ice by shielding them from liability for efforts made in good faith. This protection does not apply to commercial property owners or cases involving willful or wanton misconduct.

Legal responsibility may depend on whether the injured person is considered an invitee, licensee, or trespasser. Invitees—such as customers in a store—are owed the highest duty of care. Licensees, like social guests, are still protected, but to a lesser degree. Trespassers generally have limited rights unless the property owner’s conduct was reckless or intentional.

What Is the Basis of Slip and Fall Claims Involving Ice and Snow?

In Chicago, falling on snow or ice may be eligible for legal action if the injury resulted from negligence or misconduct. Below are common legal grounds for holding a responsible party accountable under state law.

Willful or Wanton Misconduct

Under Illinois law, property owners may be liable for injuries caused by willful or wanton misconduct. This means they ignored known dangers or acted with reckless disregard for others’ safety. For example, failing to clear icy patches despite repeated complaints or prior incidents may meet this standard.

Negligent Snow and Ice Removal

If a property owner or manager attempts snow or ice removal but does so carelessly—such as salting only part of a sidewalk or creating icy runoff—they may be held liable for any resulting injuries. Even under the natural accumulation rule, negligent removal efforts that worsen conditions can support a claim.

Negligent Design Maintenance

Claims may also stem from unsafe property design or poor upkeep. Sloped walkways that drain water onto pedestrian areas, uneven surfaces, or broken gutters that cause unnatural accumulation of ice can all point to negligence. These hazards increase the likelihood of slips and falls during the winter months.

Breach of Contract or Lease Conditions

In some cases, the property owner’s failure to meet specific terms in a lease—such as a commitment to remove snow from common areas—can form the basis of liability. Courts may enforce these provisions, especially if the tenant or visitor was injured due to the owner’s failure to uphold their responsibilities.

Case Law

In Hornacek v. 5th Ave. Prop. Mgmt. (2011 IL App (1st) 103502), the court allowed a case to proceed after a woman fell on an icy walkway in her apartment complex. The property manager had voluntarily undertaken snow and ice removal but failed to do so correctly.

The court ruled that once a party assumes a duty, it must perform it reasonably and without increasing harm. This case highlights how negligent removal can create liability even under the natural accumulation rule.

How Our Chicago Law Firm Can Help

At Slip & Fall Injury Lawyers, we handle every part of your case from start to finish. Our team investigates the circumstances surrounding your fall accident, collects evidence such as weather reports, witness testimony, and surveillance footage, and identifies whether negligence played a role.

We review lease agreements, examine snow and ice removal efforts, and consult with experts when needed. While you focus on recovery, we handle insurance negotiations and prepare your case for trial if necessary. From proving unnatural accumulation to calculating lost income and medical expenses, we work to recover full compensation.

Who Can Be Liable for Slip and Fall Accidents on Snow or Ice in Chicago?

Several parties may be held liable depending on the location and circumstances surrounding the fall. A property owner is often the primary party responsible, especially if they failed to take reasonable steps to remove snow or ice. In commercial settings, a property manager or snow removal contractor may share liability.

In rental properties, liability can depend on the lease; either the landlord or the tenant could be responsible. Even municipalities may be held accountable if the fall happened on public, slippery sidewalks that they failed to maintain.

What Damages Can Victims Recover After a Slip and Fall Accident?

Snow or ice fall victims may be entitled to recover compensation for both financial and personal losses. This can include medical bills, lost wages from time missed at work, and costs for future care or rehabilitation. Non-economic damages, such as physical pain, emotional distress, and reduced quality of life, may also be available depending on the severity of the injuries.

In cases involving willful misconduct, punitive damages might apply. A successful claim can help the injured party regain stability after a serious winter-related fall accident.

What Is the Average Payout for Snow and Ice Falls in Chicago?

Per Law.com, the average payout for snow and ice slip and fall cases in Chicago is $642,174, though the median is $177,500, suggesting most cases settle for less.

The wide value range, from $16,000 to over $5 million, highlights how outcomes depend on individual circumstances, including:

  • Injury severity
  • Clarity of negligence
  • Location of the fall
  • Whether the case ends in a settlement or trial

An experienced personal injury attorney can evaluate the specific circumstances and advise on the potential for compensation.

Example Cases in Chicago

$2.5 Million Jury Award for Amtrak Worker Who Slipped on Ice in Train Compressor Room

On January 15, 2003, William Poole, an Amtrak conductor, slipped on ice in a locomotive’s compressor room while performing pre-trip duties. He alleged Amtrak failed to maintain safe conditions and violated multiple safety regulations under the Federal Employers’ Liability Act (FELA) and Locomotive Inspection Act (LIA).

The court granted partial summary judgment on liability under the LIA, and the jury later awarded $2.5 million for his injuries, which included hip, leg, and back damage. Damages included compensation for disability, pain and suffering, medical expenses, and lost earnings

$2 Million Jury Verdict for Man Who Slipped on Ice from Improper Snow Plowing

On January 27, 2012, Michael Berk, 30, slipped on black ice outside Pepper Construction Co. in Chicago. He alleged the company caused an unnatural accumulation by plowing snow in a way that caused meltwater to drain and refreeze on the sidewalk. Berk suffered a shattered ankle requiring multiple surgeries, including total ankle reconstruction.

Defense claimed Berk was distracted and contributed to the fall, and that he worsened his condition by not following post-surgery restrictions. Despite this, the jury awarded Berk $2 million, covering medical costs, pain and suffering, disfigurement, and loss of a normal life.

How to Strengthen Your Slip and Fall Case Involving Snow or Ice

The steps you take right after the incident can make a big difference in your ability to recover compensation.

First, seek medical attention immediately—even if injuries seem minor. Prompt care not only protects your health but also documents your injuries. If you’re able, take photos of the area where you fell.

Ask witnesses for contact information and note the time, location, and weather conditions. Report the fall to the property owner, manager, or business, and request a copy of any incident report. Keep records of your medical bills, lost wages, and other costs.

Finally, speak with a slip and fall attorney. We can help gather evidence, secure witness statements, and prove the property owner’s negligence or failure to remove snow or ice properly.

How Long Do I Have to File a Slip and Fall Lawsuit in Chicago?

Under 735 ILCS 5/13-202, the statute of limitations for filing a personal injury claim—including slip and fall—is generally two years from the date of the incident. If the injured party fails to file within that time, the court will likely dismiss the case, regardless of how strong the evidence is.

Why You Need a Slip and Fall Accident Lawyer

Slip and fall cases involving snow and ice are often difficult to prove, primarily due to defenses like the natural accumulation rule. Property owners may deny responsibility, and insurance companies frequently argue that the injured party was at fault.

Proving property owners’ negligence requires gathering strong evidence and understanding how Chicago courts, such as the Cook County Circuit Court, evaluate claims. A top slip and fall accident lawyer knows how to handle these challenges, work with experts, and build a case that meets legal standards. Without legal guidance, valuable compensation could be lost or denied.

FAQs

How do I know I have a viable case?

Under Illinois law, property owners are generally not liable for the natural accumulation of snow and ice. However, if the buildup was caused by poor drainage, defective gutters, or careless snow removal, it may be considered unnatural accumulation, creating grounds for a claim.

Are there any differences in liability between commercial and residential properties?

Yes. Commercial property owners often have a legal duty to clear snow and ice, especially in areas open to customers or tenants. A residential property owner, by contrast, may be shielded under the Snow and Ice Removal Act, unless their actions showed willful or wanton misconduct, or they created a hazardous condition.

What do I need to prove in a slip and fall case involving snow and ice?

You must prove four elements: duty, breach, causation, and damages. This means showing the property owner had a legal duty, breached that duty, directly caused your fall, and that you suffered harm, like medical bills, lost wages, or lasting physical pain.

What evidence do I need?

Strong evidence includes photos of the icy or snowy area, weather data, witness statements, medical records, and proof of lost wages. Incident reports, lease agreements, and video footage can also help establish the owner’s negligence and whether proper ice and snow removal was attempted or ignored.

Can falls on snow and ice be prevented?

Yes. Property owners and managers can prevent injuries by salting walkways, clearing snow regularly, repairing uneven surfaces, and installing proper drainage. Tenants and pedestrians should also use caution during freezing temperatures and wear appropriate footwear, but legal responsibility still falls on those in charge of maintaining the property.

Can I sue for slipping and falling on black ice?

Yes, if the black ice resulted from unnatural accumulation or the property owner’s failure to take reasonable steps, you may have a valid personal injury claim. Courts will look at whether the slick surface was predictable or preventable based on weather conditions, location, and the owner’s past practices.

Book a Free Case Evaluation!

If you were injured in a slip and fall accident on snow or ice, don’t wait to get legal help. At Slip & Fall Injury Lawyers, we handle claims on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Our team is ready to investigate your case, explain your legal options, and fight for what you deserve. Contact us to schedule your free consultation with a top Chicago fall attorney. Let us help you take the next step toward recovery.

Client Reviews

I am thrilled with how the team handled my trip and fall case. They hired an investigator to go out to the scene and take photos of the area to demonstrate a defect with the stairs. I could tell from the start...

Anthony W.

Extremely professional group of attorneys. They answered my questions and always responded to my phone calls. At the end of the day, they definitely recovered more money for my case than I feel like I could...

Debbie R.

After breaking my leg at work, I thought I had a straightforward slip and fall case. I was very wrong. Mr. Rosenfeld and his associates really handled everything for me in terms of getting my medical treatment...

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