A report published by the National Safety Council shows that falls are the second most common cause of accidental death. In one recent year, 46,653 people died because of fall-related injuries. A lot of slip and fall accidents happen when there is ice or snow, especially in the Chicagoland area, where heavy winter weather makes sidewalks, parking lots, and walkways very slippery.
Because ice and snow are normal parts of Illinois winters, an injured person has to show that someone else’s carelessness made the situation worse. In other words, you must prove that the property owner created or allowed an unnatural buildup of ice or snow that caused your fall.
In the majority of these cases, the property owner is the one who is usually responsible. However, other people can also be at fault, such as construction crews, building managers, or outside companies engaged for snow removal. For example, if a property owner doesn’t take care of the property, it could lead to inadequate snow removal or poor drainage. These problems can make ice or snow build up in unsafe ways and increase the chance of someone getting hurt. Talk to a trusted Chicago premises liability lawyer today.
How Do State Laws Affect Premises Liability Lawsuits?
If you slip at a big store or anywhere else and get hurt, you can only file a claim if the situation is not covered by the Illinois Natural Accumulation Rule. In simple terms, whether you can hold the property owner or someone else responsible depends on whether the ice or snow was a natural buildup or something they caused or made worse.
This rule says that property owners do not have to remove naturally formed snow, water, or ice from their property. It doesn’t matter how long the ice or snow has been there; if it formed naturally, they are not legally required to clear it.
However, sometimes the buildup can be considered unnatural, and in those cases, the property owner or another party can be held responsible. This can happen if the owner tries to remove the ice or snow but does it carelessly, makes the natural buildup worse, or does something that creates a new, unsafe accumulation.
For example, unnatural accumulation can occur when a property owner fails to fix or manage water drainage properly. If water from a drain runs onto a sidewalk or street and then freezes, it can create a dangerous patch of ice that causes someone to slip and fall.
What Evidence Proves a Chicago Premises Liability Claim?
You may need several types of evidence to show who is responsible when snow or ice causes an accident. Most importantly, you must have clear proof that the snow or ice was an “unnatural accumulation” under the Illinois Natural Accumulation Rule.
Strong evidence may include:
- Photos or videos of the area and your injuries: These show what the scene looked like and how you were hurt.
- Surveillance footage that may have recorded the fall: This can confirm exactly what happened.
- Witness names and statements: People who saw the fall can help back up your story.
- Your own notes about the incident: Write down the date, time, weather, and anything else you remember.
- Medical records that prove your injuries and the treatment you needed.
- Damaged items or repair receipts to help show the financial impact of the accident.
This evidence can help you if you want to file a claim after slipping on ice or snow in Illinois. A skilled Chicago premises liability lawyer can also help you gather, organize, and use this evidence to build a strong case.
Steps to Take After a Chicago Slip and Fall Accident
Steps to take that prove liability for winter weather-related accidents include:
Getting Immediate Medical Attention
If you get hurt in a fall, you should see a doctor right away. This helps you get the treatment you need and an official diagnosis. Seeing a doctor early also makes it easier to show that your injuries came from the accident.
Otherwise, waiting too long could make your condition worse and give the impression that your injury was unrelated to the slip and fall.
Taking Pictures of the Scene
If you can, take photos or videos of the area right after you fall. This can help show that the ice or snow was an “unnatural” hazard and support your claim. You should also take photos or videos of your injuries.
Reporting the Incident
Tell the property owner about the accident. If it happened at a business, ask the manager for an incident report. This report can help support your case.
Gather Appropriate Evidence
Along with photos and videos of the scene and your injuries, try to collect any other evidence that relates to your case. If there’s something you can’t get on your own, a lawyer can help gather it and use it to strengthen your claim.
Consult a Chicago Premises Liability Lawyer
Before you file a claim or take any type of legal action, you should talk to a Chicago premises liability lawyer who has handled these kinds of cases before. A good lawyer can meet with you for a consultation and review the facts of your case.
If the lawyer agrees to take your case, they can guide you through the legal process and help you have the best chance of a successful resolution.
Big insurance companies are adept at coming up with excuses to reject your claim or reduce your payout. Because of this, it’s essential to avoid saying anything that could be misconstrued or is based on shaky evidence. In order to prevent you from accepting less money than your case is truly worth, a lawyer can manage the negotiations with the insurance company, present solid evidence, and determine the full amount of your damages.
Fabbrini Law Group
If you slip and fall on ice or snow in Chicago and believe someone’s carelessness caused your injuries, it’s a good idea to talk with a lawyer. They can review what happened and build a case to help you.
If you were hurt in a slip and fall, Fabbrini Law Group is here to help. Call (312) 494-3131 or fill out the contact form on our website to schedule a consultation and find out what options are available to you.