Wintertime Slip-and-Fall Accidents in Illinois

 Posted on January 09, 2025 in Personal Injury

In 2017, the Bureau of Labor Statistics reported 20,000 occupational injuries related to ice, sleet, and snow. These are injuries that occur while the individual is at work. The number of injuries related to ice, sleet, and snow outside of the workplace is likely to be much higher than those that occur in the workplace.

Wintertime is the peak time for slip-and-fall accidents due to slushy, snowy, or icy floors, sidewalks, and parking lots. Unfortunately, what may initially seem like a relatively minor fall can cause serious health issues that can last for weeks, months, or even years. A fall on an icy service can also cause broken bones, severe back and neck injuries, and even traumatic brain injuries – all of which can have long-term effects.

You may wonder whether a business owner is liable for a slip-and-fall in the wintertime since snow and ice are almost impossible to escape. If you are the victim of a winter slip-and-fall accident, it can be helpful to speak to a knowledgeable Lombard personal injury attorney who can help you determine whether the business owner is liable for your injuries.

What Duty of Care Do Property Owners Owe Others?

Property owners have a duty of care to keep their premises safe for visitors. In the winter months, this includes frequently inspecting walkways, parking lots, driveways, and entryways for snow and ice, then taking steps to remove the snow and ice, or, at the least, installing signs that warn certain surfaces could be dangerous.

Properties that are not properly maintained can lead to gutters that do not drain as they should or other conditions that cause water to pool and freeze in areas where visitors typically walk. While a property owner cannot be reasonably expected to remove every drop of snow, ice, and water on his or her property, a reasonable effort must be made. Further, the "ongoing storm doctrine" protects business owners to some extent, allowing them to wait to clear their property until the storm has subsided.

The duty of care a property owner owes others depends on the visitor’s legal status. Invitees include customers and clients and are owed the highest duty of care. Owners must regularly inspect, clean up spills, and remove hazards to prevent foreseeable slip-and-fall accidents.  Licensees are social guests, such as those invited to a gathering or party. Owners must be sure the premises are "reasonably safe for licensees. While owners have the least liability for trespassers, an owner may not willfully harm a trespasser.

How is Liability in a Slip-and-Fall Wintertime Accident Proven?

To prove liability for a wintertime slip-and-fall injury, the injured party is required to show that the property owner caused the dangerous condition either through an act or an omission and that the property owner was aware of the hazard.

The owner must have failed to remedy the hazardous condition or warn visitors of the condition. The dangerous condition caused the slip-and-fall and the resulting injuries. Therefore, the store owner is liable for damages associated with those injuries.

Avoiding Wintertime Slip-and-Fall Accidents

Although the business owner may be liable for your injuries, avoiding a slip-and-fall accident whenever possible can keep you from dealing with a potentially severe injury that can minimize your quality of life.

• Slow down when there is likely to be an icy surface.
• Be vigilant in looking where you are walking to see if there is ice, snow, or water present.
•  Gutters and downspouts often have icy surfaces around them, so be extra cautious.
• Accumulated snow can prevent you from seeing a curb or other step-up.
• Parking lots or sidewalks that do not receive direct sunlight are more likely to be icy.
• When walking into a business, expect the entryway to be slippery from other customers tracking in ice or snow.

Contact a DuPage County, IL Slip-and-Fall Lawyer

If you or a loved one have suffered a wintertime slip-and-fall accident with injuries, you can benefit from speaking to a Bloomingdale, IL slip-and-fall attorney from Mevorah & Giglio Law Offices. We have three offices (Lombard, Bloomingdale, and Naperville) as well as Saturday and evening appointments for your convenience. Call 630-932-9100 to schedule a free case evaluation.