Chicago Injury Lawyer Blog
As winter approaches, commercial property owners face the annual challenge of maintaining safe walkways and parking lots free from snow and ice. Failing to clear these areas properly can lead to hazardous slip and fall conditions that result in serious injuries. In Illinois, commercial property owners and snow removal contractors have a legal duty to ensure that they take reasonable steps to keep their premises safe during winter weather. Negligence in snow plowing or improper maintenance can make these parties liable for injuries resulting from dangerous slip and fall conditions.
In this blog, our Illinois slip and fall attorneys explore what constitutes negligent snow plowing, the legal responsibilities of commercial property owners, and how hazardous conditions on sidewalks and parking lots can give rise to personal injury claims.
Legal Responsibilities of Commercial Property Owners
In Illinois, commercial property owners are responsible for maintaining safe conditions on their premises, including sidewalks and parking lots. This duty extends to the winter months when snow and ice accumulation can create significant hazards for customers, employees, and visitors.
- Duty of Care: Property owners are required to exercise reasonable care in removing snow and ice from their premises. This includes ensuring that walkways and parking lots are free of hazardous accumulations and that proper measures, such as salting or sanding, are taken to reduce the risk of slips and falls.
- Snow and Ice Removal Contracts: Many commercial property owners hire snow removal contractors to handle snow plowing and de-icing. While these contractors are often responsible for snow removal, the property owner remains liable for ensuring that the work is done properly. Negligence on the part of the contractor may also expose them to liability.
What Constitutes Negligent Snow Plowing?
Negligent snow plowing refers to the failure to clear snow and ice from sidewalks or parking lots in a manner that provides reasonably safe conditions. Several factors can contribute to the creation of a hazardous slip and fall condition, including:
- Inadequate Snow Removal
- Hazardous Condition: In some cases, snow removal efforts are insufficient, leaving behind patches of snow or ice that create a significant slip and fall risk. Failing to clear snow from pedestrian walkways, crosswalks, or parking lot paths can result in dangerous walking conditions.
- Improper Plowing Techniques
- Hazardous Condition: Improper plowing can occur when snow is piled in areas where it is likely to melt and refreeze, creating icy patches. This is common in parking lots where snow is pushed into high piles near walking paths or building entrances. As temperatures fluctuate, these piles melt and refreeze, forming ice that can be difficult to detect and dangerous to navigate.
- Failure to Salt or De-Ice
- Hazardous Condition: Merely plowing snow may not be sufficient if the underlying surface remains icy or slick. Failing to salt or de-ice walkways and parking lots after plowing leaves pedestrians at risk for slipping on untreated surfaces. Property owners are expected to apply salt, sand, or other de-icing materials as part of their duty to maintain safe conditions.
- Example: A business that plows snow from its parking lot but fails to salt the remaining ice patches may be found negligent if an individual slips and falls due to the untreated ice. Courts often look at whether the property owner took reasonable steps to address all potential hazards, including the need for salting.
- Delayed Snow Removal
- Hazardous Condition: Snow and ice removal should be timely, especially in high-traffic areas like commercial sidewalks and parking lots. Delaying snow removal for too long increases the risk of accidents, particularly in the hours following a snowstorm when customers or employees may still need to access the premises.
- Example: If a commercial property owner waits several hours after a snowstorm to begin plowing, they may be held liable for any accidents that occur during that period. Timeliness is a key factor in determining whether the property owner acted reasonably in addressing snow and ice hazards.
- Negligence in Hiring or Supervising Snow Removal Contractors
- Hazardous Condition: Property owners who hire snow removal contractors may still be held liable for negligence if they fail to ensure that the contractor performs the work adequately. Similarly, if the contractor’s work is subpar—such as incomplete snow removal, improper salting, or the creation of new hazards—the contractor may be liable for any resulting accidents.
- Example: In cases where a contractor fails to clear a walkway properly, both the contractor and the property owner may be held accountable for the resulting injuries if it can be shown that the contractor was hired without due care or that the owner failed to monitor the work.
What Makes a Slip and Fall Hazardous?
To establish liability for a slip and fall accident on a commercial property, it must be proven that the property owner’s negligence created or failed to address a hazardous condition. Common factors that create hazardous slip and fall conditions in snow and ice scenarios include:
- Melt and Refreeze Cycles: When snow is piled improperly or not removed entirely, melt and refreeze cycles can create thin layers of ice, known as black ice, which are nearly invisible but highly dangerous.
- Sloped Walkways: Sloped sidewalks or ramps can become extremely slippery when not treated for snow and ice. Property owners must take extra precautions, such as applying salt or sand, to prevent falls in these areas.
- High-Traffic Areas: Entrances, exits, and parking lots are areas where people are more likely to walk, making these areas especially prone to slip and fall hazards if not properly maintained.
“Commercial property owners have a responsibility to keep sidewalks and parking lots safe during winter months. Simply plowing the snow isn’t enough; they need to ensure that walkways are properly salted, ice is treated, and dangerous conditions are promptly addressed. At John J. Malm & Associates, we help injured individuals hold property owners accountable when negligence in snow removal leads to serious accidents.” — John J. Malm, Illinois fall accident attorney
Proving Negligence in Snow Plowing Cases
In slip and fall cases involving snow and ice, proving negligence requires demonstrating that the property owner or contractor failed to meet their duty of care. This can be done by showing:
- Creation of a Hazard: Improper snow piling, failure to salt, or other negligent actions created a hazard that led to the slip and fall.
- Direct Link to Injury: The hazardous condition must be directly connected to the injury suffered by the victim.
Contact the Illinois Slip and Fall Attorneys at John J. Malm & Associates
Negligent snow plowing can create dangerous slip and fall conditions on commercial sidewalks and parking lots, leading to serious injuries. Property owners and contractors have a duty to take reasonable care in clearing snow and ice to prevent accidents. Failure to do so may result in liability for injuries caused by hazardous conditions.
If you’ve been injured in a slip and fall accident due to negligent snow plowing, contact the Illinois injury attorneys at John J. Malm & Associates for a free consultation. Our team can help you determine whether negligence played a role in your injury and guide you through the process of pursuing compensation.