Illinois Law And “Natural Accumulation”
Generally speaking, in Illinois, property owners are not responsible for natural accumulations of rain, ice or snow which cause a fall resulting in injuries. A simple slip and fall on a snowy sidewalk, for example: may not create a valid cause of action for damages. However: a property owner can be liable for negligently maintaining its property where an unnatural accumulation is created. An unnatural accumulation can be due to defective construction or improper or insufficient maintenance of the property. For example: an owner may be responsible for injuries caused by a hazardous accumulation created by poorly constructed or maintained drainage, such as a gutters or drain spouts. In winter weather, liability may be created by the
negligent placement of snow or ice in areas that create hazards after piles begin to thaw and melt.
Because “natural accumulation” is often a successful defense for a property owner, and because the nature of a hazard from precipitation can change quickly with changes in weather and temperature, it is important to gather information and evidence at or near the time of your fall. If you believe someone may have created the hazard that caused you to fall, take photos of the area immediately, and speak to an experienced attorney as soon as you can, so that your claims may be properly evaluated. If you believe someone may have created the hazard that caused you to fall, take photos of the area immediately, and speak to an experienced attorney as soon as you can, so that your claims may be properly evaluated.
