Winter brings icy conditions that can make driveways and walkways hazardous. Determining who is responsible is crucial for pursuing compensation if you’ve been injured in a slip-and-fall accident on an icy driveway. Property owners, tenants, and even snow removal companies may share liability depending on the circumstances. Here’s what you need to know.
Who Is Responsible for Maintaining a Safe Driveway?
Liability for slip and fall accidents typically depends on who maintains the property. Here’s a breakdown of possible scenarios:
Homeowners
Homeowners are generally responsible for keeping their driveways reasonably safe. In Illinois, this means removing ice and snow within a reasonable time after a storm. However, natural accumulations of ice and snow—those resulting directly from weather—do not always impose liability unless the homeowner acted negligently, such as creating dangerous conditions by redirecting water flow.
Landlords and Tenants
If you fall on a rented property, the responsibility may lie with the landlord or the tenant, depending on the lease agreement. For example, a lease may specify that the tenant is responsible for snow removal, but the landlord may bear liability if no such agreement exists.
Snow Removal Companies
When a snow removal service is hired to clear driveways and fails to do so adequately, it may be held accountable for accidents. However, the company’s liability typically depends on the terms of its contract and the nature of its negligence.
What Does Illinois Law Say About Slip and Fall Liability?
Illinois follows the natural accumulation rule, which means property owners are not automatically responsible for injuries caused by natural snow or ice accumulations. However, exceptions apply, including:
- Negligence: They may be liable if a property owner fails to address known hazards or creates an unsafe condition, such as poor drainage that leads to ice formation.
- Local Ordinances: Some municipalities have specific snow removal ordinances requiring property owners to clear ice and snow within a designated timeframe. Violating these rules can lead to liability.
Determining Responsibility
Imagine you’re visiting a friend’s house on a snowy day. As you walk up their driveway, you slip on a thick sheet of ice that formed from a broken gutter draining onto the driveway. In this case, the homeowner may be liable because their negligence (failing to repair the gutter) created an artificial ice accumulation.
Steps to Take After a Slip and Fall Accident
If you’ve been injured in a slip-and-fall accident on an icy driveway, follow these steps to protect your rights:
- Document the scene–Take photos or videos of the icy conditions and any contributing factors, such as poor drainage.
- Seek medical attention–Even minor injuries can worsen without treatment.
- Report the accident–Notify the property owner or manager about your fall.
- Consult an attorney–An experienced attorney at Stein & Shulman can guide you through the legal process and help you seek fair compensation.
We have the skills and determination to hold the negligent party accountable and get you just compensation. Contact us today to discuss your case in confidence.