Illinois Snow & Ice Removal Laws: Property Owner Liability for Winter Falls

Chicago winters are brutal, and icy sidewalks and parking lots cause thousands of injuries each year. If you’ve slipped on ice outside a business, apartment building, or other property, you may wonder who’s responsible. Illinois snow and ice liability law is complex, with specific rules that differ from general premises liability. Understanding these rules is essential to pursuing a successful claim.

The Natural Accumulation Rule in Illinois

Illinois follows the “natural accumulation rule,” a legal doctrine that generally protects property owners from liability for injuries caused by natural accumulations of ice and snow. The reasoning is that everyone in Illinois knows winters bring ice and snow, and property owners shouldn’t be insurers of safety against natural weather conditions.

Under this rule, established in cases like Krywin v. Chicago Transit Authority, property owners have no duty to remove natural accumulations of snow and ice. If you slip on snow that fell naturally and accumulated without interference, the property owner generally isn’t liable.

However, this rule has important exceptions that create liability in many winter slip and fall cases.

Exceptions: When Property Owners ARE Liable

Unnatural Accumulations

Property owners are liable when their actions or property conditions cause ice or snow to accumulate unnaturally. Common examples include:

• Defective gutters or downspouts – Water draining onto walkways that freezes into ice patches
• Improper grading – Property design that channels water to pedestrian areas where it freezes
• Roof drainage issues – Melting snow dripping from roofs onto sidewalks and refreezing
• Leaking pipes or sprinklers – Water from plumbing creating ice hazards
• Air conditioning units – Condensation dripping and freezing on walkways

If the ice that caused your fall resulted from a property defect rather than natural weather, the property owner may be liable.

Negligent Snow Removal

When a property owner voluntarily undertakes to remove snow and ice, they must do so with reasonable care. Negligent snow removal that makes conditions more dangerous creates liability. Examples include:

• Piling snow where it melts and refreezes on walkways
• Incomplete clearing that creates deceptive conditions (cleared path with hidden ice)
• Inadequate salting after plowing that leaves slick patches
• Creating ice patches by spreading meltwater during shoveling

The key is whether the property owner’s actions made conditions worse than they would have been naturally.

Contractual Duties

Some property owners assume a duty to clear snow through contracts or lease agreements. Common situations include:

• Residential leases – Landlords who agree to maintain common areas and walkways
• Commercial leases – Property owners who retain responsibility for parking lot maintenance
• Snow removal contracts – Hiring a contractor shifts some liability to the contractor
• Homeowners’ associations – HOAs that agree to maintain common sidewalks

Municipal Ordinances

Chicago and many Illinois municipalities have ordinances requiring property owners to clear sidewalks within a certain time after snowfall. The Chicago Municipal Code Section 10-8-180 requires owners to clear sidewalks of snow and ice.

However, violation of a snow removal ordinance doesn’t automatically create civil liability—it’s evidence of negligence that a jury can consider, but not negligence per se in most cases.

Proving an Unnatural Accumulation

Winning a winter slip and fall case often requires proving the ice was unnatural. Evidence that helps includes:

Weather Records

Obtaining historical weather data from the National Weather Service or private providers establishes:

• When the last snowfall occurred
• Temperature patterns showing freeze/thaw cycles
• Whether conditions on the accident date could have caused natural ice

If no precipitation occurred recently but ice existed, the accumulation was likely unnatural.

Property Inspection

Examining the property for defects that cause unnatural accumulation:

• Downspouts directing water to walkways
• Clogged or damaged gutters causing overflow
• Grading issues channeling water improperly
• Roof designs that dump snow onto pedestrian areas

Photographs

Photos taken immediately after the fall and in the following days showing:

• The pattern of ice formation
• Proximity to downspouts, drains, or building features
• Whether surrounding natural accumulation existed
• Evidence of refreezing or drainage patterns

Prior Complaints and Incidents

Evidence that others complained about ice in the same location, or that previous falls occurred there, demonstrates the property owner knew about a recurring problem.

Landlord vs. Tenant Responsibility

In rental properties, liability depends on who controlled the area where the fall occurred:

Landlord liability typically applies to:

• Common areas (lobbies, hallways, stairs)
• Parking lots and sidewalks
• Areas the landlord agreed to maintain in the lease
• Areas with defects that cause unnatural accumulation

Tenant liability may apply when:

• The lease requires tenant snow removal
• The fall occurred in a tenant-controlled area
• The tenant created the hazardous condition

Reviewing the lease agreement is essential to determining who may be liable.

Commercial Property Owner Duties

Business owners and commercial property managers face heightened scrutiny because they invite customers onto their property. While the natural accumulation rule still applies, courts examine:

• Whether the business had a snow removal policy
• How that policy was implemented on the day of the fall
• Whether inspection procedures were followed
• Whether the business voluntarily undertook removal (creating a duty of care)
• Whether property defects caused unnatural accumulation

Retailers, restaurants, and service businesses with high customer traffic should have documented snow and ice policies—and their failure to follow those policies can be powerful evidence of negligence.

Snow Removal Contractor Liability

Many property owners hire contractors for snow removal. When a contractor performs negligently, both the contractor and property owner may be liable:

• Contractor liability – For negligent performance of the contracted work
• Property owner liability – For negligent selection or supervision of the contractor, or for defects unrelated to the contracted work

Identifying whether a contractor was involved—and reviewing the snow removal contract—is an important part of investigating winter slip and fall cases.

Illinois Comparative Fault in Ice Cases

Under 735 ILCS 5/2-1116, Illinois applies modified comparative fault. Your compensation is reduced by your percentage of fault, and if you’re more than 50% at fault, you recover nothing.

In winter slip and fall cases, defendants often argue the plaintiff:

• Saw the ice but walked on it anyway
• Wore inappropriate footwear for winter conditions
• Was distracted (looking at phone, carrying packages)
• Had an alternative safe route available
• Should have known conditions were dangerous

Documenting that the ice was hidden, unavoidable, or that the property owner’s negligence created unusually dangerous conditions helps counter these arguments.

Timeframe Matters: Report and Document Quickly

Winter slip and fall cases require quick action because:

• Conditions change – The ice that caused your fall may melt within hours
• Evidence disappears – Surveillance footage is overwritten, maintenance logs are lost
• Witnesses forget – Details fade quickly, especially about weather conditions
• Weather data matters – Proving what conditions existed requires prompt documentation

If you fall on ice, take photographs immediately, report the incident to the property manager, and seek medical attention the same day if possible.

What to Do After a Winter Slip and Fall

To protect your potential claim:

• Photograph the scene – Include the ice, surrounding conditions, and any drainage or building features
• Report the incident – Notify management and request an incident report
• Get witness information – Names and phone numbers of anyone who saw your fall
• Preserve your footwear – Don’t throw away shoes you were wearing
• Seek medical attention – Document your injuries promptly
• Note the weather – Write down recent weather conditions while memory is fresh
• Contact an attorney – Preservation letters can protect critical evidence

Contact a Chicago Ice Slip and Fall Attorney

Illinois snow and ice liability law is complex, and insurance companies aggressively defend these cases using the natural accumulation rule. You need attorneys who understand the exceptions and know how to prove unnatural accumulation or negligent snow removal.

At Phillips Law Offices, we investigate winter slip and fall cases throughout Chicago and Illinois. We obtain weather records, property maintenance logs, and expert analysis to prove liability when property owners create dangerous ice conditions.

Contact Phillips Law Offices at (312) 598-0917 for a free consultation. We handle premises liability cases on contingency—you pay nothing unless we recover compensation for your injuries.