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During winter in the Chicago area, you can expect snowfall and ice buildup on outdoor surfaces. Property owners and managers have a legal obligation to remove accumulated snow and ice to reduce the risk of visitors slipping and getting injured. Unfortunately, not all property owners fulfill this duty as diligently as they should.
Slips and falls involving snow or ice in Cook County can result in severe injuries that are tricky to file suit over. With help from a tenacious slip and fall attorney, you can more effectively enforce your rights and give yourself the best chances of obtaining restitution.
Landowners in Cook County have a duty of care that requires them to inspect for hazards on their property and warn visitors of it. When it comes to slips and falls involving snow or ice, determining whether a landowner should have known about or done something to address a hazard can be more complicated due to the natural accumulation rule.
The natural accumulation rule holds that landowners have no legal duty to remove or treat their property’s natural accumulations of ice or snow. For example, this could include snow or ice that has frozen overnight on a sidewalk. However, landowners may still be liable for unnatural accumulation which occurs due to a defect in their property. For instance, a broken drainpipe which allows water to spill and freeze on a sidewalk is the owner’s responsibility to warn about and fix. Navigating this rule in the context of a slip and fall accident could be easier with support from a seasoned legal professional who has handled similar situations.
Legal counsel can be crucial in avoiding more standard-issue roadblocks during a snow or ice slip and fall claim in Cook County, such as the statute of limitations. As per 735 Illinois Compiled Statutes § 5/2-1116, any comparative fault someone is found to hold for their own injury could be held against them as a proportional reduction from their final damage award. It could also be a reason to deny them compensation altogether. This includes seemingly innocuous factors like wearing old shoes with worn-down soles.
Additionally, 735 ILCS § 5/13-202 sets a two-year filing deadline from the date on which an injury occurs. This deadline generally applies even to people who suffer permanent and debilitating injuries. There are limited exceptions that a premises liability lawyer could discuss in more detail during a private initial meeting.
Illinois property owners are required by law to keep their land reasonably safe for visitors. Extending that duty of care to removing accumulated snow and ice can be more complicated. Fortunately, capable personal injury attorneys are available to assist you.
Slips and falls involving snow or ice in Cook County can be much easier to handle with dependable legal counsel by your side. Call today to learn how McCready Law can represent you and fight for every dollar of compensation you deserve.