Property Owner Sued for Slip and Fall on Ice

Illinois generally does not impose liability for a natural accumulation of snow or ice, but a property owner may face a claim when an unnatural condition or negligent conduct creates or aggravates the hazard.

A plaintiff recently filed a slip-and-fall lawsuit against an Illinois business after allegedly falling on what the lawsuit described as an “unnatural accumulation of ice.” According to the allegations, the plaintiff was exercising reasonable care for his own safety when he encountered a dangerous condition created by ice and snow on the property.

The lawsuit alleges that the business owner allowed a pothole to form on the property and that the pothole later became filled with ice and snow, creating a dangerous condition that posed an unreasonable risk of harm to people using the property. The plaintiff contends that this was not simply an ordinary accumulation caused by winter weather, but an unnatural condition associated with the condition of the property itself.

Quick Answer

Illinois generally does not hold a private property owner liable merely because naturally falling snow or naturally forming ice remains on the property. But the analysis can change when the property owner creates or aggravates the condition, when snow or ice results from an unnatural source, or when a property defect contributes to an unnatural accumulation. Whether a particular accumulation is natural or unnatural is highly fact-specific.

Who Is Liable for Slips on Ice or Snow in Illinois?

Illinois follows the natural-accumulation rule for many private-property snow and ice cases. A property owner generally does not have a duty to remove a natural accumulation of snow or ice simply because winter weather created the condition.

The Illinois courts’ pattern jury instructions explain that an accumulation may be considered natural when it results from conditions such as ordinary freezing and thawing, the normal effects of pedestrian or vehicle traffic on snowfall, or other ordinary weather-related circumstances. By contrast, an accumulation may be considered unnatural when it results from conditions such as impaired drainage, negligent maintenance of an underlying sidewalk or parking lot, or other circumstances that create or alter the accumulation. The precise question depends on the evidence in the particular case.

That distinction is important because a slip-and-fall case involving ice is not automatically defeated simply because temperatures fell below freezing. The circumstances that created the particular hazard must be examined.

Natural Accumulation

Snow or ice resulting from ordinary weather conditions generally does not create liability by itself.

Unnatural Accumulation

A dangerous accumulation may be considered unnatural when it results from an altered condition, negligent maintenance, or another non-weather-related cause.

Fact-Specific Analysis

Courts may need to examine how the condition formed, how long it existed, and whether the property owner created or aggravated the danger.

What Is a Natural Accumulation of Ice or Snow?

A natural accumulation generally results from weather conditions rather than from an artificial condition created by the property owner. Snow that falls onto a sidewalk or parking lot and later becomes compacted by ordinary pedestrian or vehicle traffic can still qualify as a natural accumulation.

Normal freezing and thawing may also produce naturally occurring ice. The important question is not simply whether the property contained snow or ice, but whether the condition that caused the injury resulted from ordinary weather-related circumstances or from a condition or act that changed the hazard.

Snow Does Not Have to Be Untouched to Be “Natural”

Illinois law recognizes that ordinary pedestrian or vehicle traffic can alter snow without necessarily turning it into an unnatural accumulation. Likewise, ordinary freezing and thawing can produce naturally occurring ice. The specific cause of the dangerous condition still matters.

What Makes an Ice or Snow Accumulation “Unnatural”?

An unnatural accumulation may arise when something other than ordinary weather conditions creates or aggravates the dangerous condition. Illinois courts have recognized that issues such as impaired drainage, negligent maintenance of the underlying surface, and certain snow-removal practices can be relevant to whether an accumulation was unnatural.

The Illinois Pattern Jury Instructions for falls on snow and ice specifically identify impaired or altered drainage and negligent maintenance of an underlying sidewalk or parking lot as examples that may support a finding of an unnatural accumulation. The instructions also emphasize that whether an accumulation is natural or unnatural is ordinarily a fact-specific question.

Examples of conditions that may matter

Altered or impaired drainage that causes water to collect and freeze.
A defective sidewalk, parking lot, or other surface that contributes to the accumulation.
Snow-removal activities that create or aggravate a dangerous icy condition.
Artificial sources of water that freeze on a walking surface.
Property-maintenance problems that cause snow or ice to become more hazardous than ordinary weather conditions would create.

How a Pothole Can Change the Analysis

The lawsuit described above presents an important example of why the condition beneath the ice may matter. The plaintiff alleges that the business allowed a pothole to develop and that the pothole later became filled with snow and ice, producing a dangerous condition.

A plaintiff pursuing this theory would generally need evidence connecting the property defect to the hazardous accumulation and resulting injury. The existence of a pothole alone does not automatically establish liability, but evidence showing that the defect altered drainage, collected water, caused repeated freezing, or otherwise contributed to an unnatural condition could become important.

Identify the Property Defect

Determine what condition existed beneath or around the ice and snow, such as a pothole, drainage problem, depression, or damaged surface.

Determine How the Ice Formed

Evidence may show whether ordinary weather conditions alone created the ice or whether the underlying property condition contributed to its formation.

Connect the Condition to the Injury

The evidence must support a connection between the allegedly dangerous condition and the person’s fall and resulting injuries.

Can Snow Removal Create Liability?

Snow removal can create a different legal issue. A property owner does not automatically become liable simply because it attempts to clear snow, but when a person or company undertakes snow and ice removal, the manner in which the work is performed can become relevant.

Illinois courts have recognized that negligent snow-removal activities can create or aggravate an unnatural accumulation. For example, if snow is piled in a location where melting water repeatedly flows onto a walking surface and refreezes, the resulting condition may raise different questions from ordinary snowfall that simply accumulated where it fell.

Snow Removal Is Not a Blank Check for Liability

The fact that a property owner or snow-removal contractor moved snow does not automatically mean the resulting condition was legally negligent. The question is whether the evidence supports a finding that the removal work created or aggravated an unsafe condition and caused the injury.

Notice Can Also Matter in an Illinois Ice Slip-and-Fall Case

In many Illinois premises liability cases involving an unnatural accumulation, the injured person may also need to address whether the property owner had actual or constructive knowledge of the dangerous condition, unless the defendant itself created the condition through its own negligence.

Constructive notice generally concerns whether the condition existed for enough time, or under circumstances such that, through reasonable care, the property owner should have discovered it. Evidence concerning how long the ice existed, whether employees observed the area, prior complaints, inspection practices, weather conditions, and records of maintenance can therefore become important.

The Questions Often Go Beyond “Was There Ice?”

A strong investigation may need to determine what caused the ice, how long the condition existed, whether the property owner knew or should have known about it, whether the property defect contributed to the accumulation, and whether reasonable steps could have been taken to address the hazard.

What Evidence Can Help Prove an Unnatural Accumulation?

Because these cases are highly fact-specific, documenting the condition can be especially important. The appearance of the property may change quickly after a fall, particularly when temperatures rise, snow melts, or the property is treated or cleared.

Evidence that may matter after an ice-related fall

Photographs or video of the ice, snow, pothole, sidewalk, or parking lot.
Photographs showing drainage patterns, snow piles, or melting and refreezing areas.
Weather records from the date of the incident.
Property-maintenance and snow-removal records.
Prior complaints or incident reports involving the same location.
Statements from employees, customers, or other witnesses.
Medical records documenting the injuries caused by the fall.
Surveillance video from the property or nearby businesses.

Photograph the Condition

Images can document the location and physical characteristics of the ice, snow, pothole, drainage area, or other condition.

Identify Witnesses

Employees, customers, neighbors, and others may have information about how long the condition existed or how it formed.

Preserve Video

Surveillance recordings can sometimes show the condition before the fall or document subsequent maintenance activity.

Talk to a Decatur Slip and Fall Injury Attorney

Slip-and-fall cases involving ice and snow can be more complicated than they first appear. Whether a claim has merit may depend on what caused the accumulation, whether an underlying property defect contributed to the condition, whether snow removal created or aggravated the hazard, and what the property owner knew or should have known.

Patel Law, PC represents people who have been injured in slip-and-fall accidents. Call our Decatur personal injury lawyers today to schedule an appointment and begin investigating your claim.