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Blog Posts for January, 2011

The blog on this website includes articles and editorials by James Freeman on subjects relevant to his legal practice. These writings are not legal advice and should not be taken as such. If you need to speak with an attorney, please contact us.

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Icy Conditions Cause Sharp Increase in ER visits.

 

Today the Chicago Sun-Times reported that ER visits in Chicago spiked as much as 30% almost overnight due to dangerously icy streets and sidewalks.  Common injuries from such falls include shoulder, wrist and hip injuries. 

See the article here.

The general rule in Illinois is that an owner of property is not liable for a natural accumulation of ice or snow, but in many instances investigation reveals that there is often some defect in the property that created the condition.  If the property owner did something that caused or contributed to the creation of an icy or dangerous condition the property owner may be liable for any resultant injuries.  Common examples include:

  • Drainage problems on sidewalks or other pedestrian area.  Such areas should be pitched so that water drains, rather than sitting and pooling.  Pooling water can freeze and create slipping hazards.
  • Downspouts in disrepair or improperly draining so as to cause water to pool or flow over pedestrian areas. 
  • Improper snow removal.  Snow must be removed in such a way as to avoid creating slipping hazards.  Although Illinois law does not create a duty on a property owner to remove every bit of ice and snow, if the landowner undertakes to remove ice or snow, they must do it safely and competently.  The most common violation of this duty occurs when a property owner piles snow next to a sidewalk.  The snow melts and water runs over the sidewalk.  The temperature then drops and the melting snow freezes causing a slipping hazard.

If you are injured because of an icy condition it is important to photograph the condition immediately because ice tends to disappear quickly after an accident through warming temperatures or the fortuitous application of melting agents after the fact. 

Icy Conditions Cause Sharp Increase in ER visits.

Today the Chicago Sun-Times reported that ER visits in Chicago spiked as much as 30% almost overnight due to dangerously icy streets and sidewalks.  Common injuries from such falls include shoulder, wrist and hip injuries. 

See the article here.

The general rule in Illinois is that an owner of property is not liable for a natural accumulation of ice or snow, but in many instances investigation reveals that there is often some defect in the property that created the condition.  If the property owner did something that caused or contributed to the creation of an icy or dangerous condition the property owner may be liable for any resultant injuries.  Common examples include:

  • Drainage problems on sidewalks or other pedestrian area.  Such areas should be pitched so that water drains, rather than sitting and pooling.  Pooling water can freeze and create slipping hazards.
  • Downspouts in disrepair or improperly draining so as to cause water to pool or flow over pedestrian areas. 
  • Improper snow removal.  Snow must be removed in such a way as to avoid creating slipping hazards.  Although Illinois law does not create a duty on a property owner to remove every bit of ice and snow, if the landowner undertakes to remove ice or snow, they must do it safely and competently.  The most common violation of this duty occurs when a property owner piles snow next to a sidewalk.  The snow melts and water runs over the sidewalk.  The temperature then drops and the melting snow freezes causing a slipping hazard.

If you are injured because of an icy condition it is important to photograph the condition immediately because ice tends to disappear quickly after an accident through warming temperatures or the fortuitous application of melting agents after the fact. 

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