Chicago winters continue to live up to its reputation as several inches of snow and ice accumulate on the city’s roads and sidewalks. With such treacherous conditions, slip-and-fall accidents are an inevitability.
If you slip and fall on ice or snow in your apartment complex, your landlord may be liable depending on certain conditions. Continue reading to understand whether or not you have a premises liability case against your landlord for your injuries.
Illinois Snow and Ice Removal Act
Both the Illinois Snow and Ice Removal Act and Chicago Municipal Code 4-4-310 & 10-8-180 state that everyone — landlords, property owners, lessees, and tenants — is responsible for snow removal. However, many leases will clearly state whether it is the landlord’s or the tenant’s responsibility to remove snow.
Removing snow and ice from public walkways helps ensure public safety, particularly for more vulnerable populations such as the elderly or people with disabilities.
Snow that falls between 7 a.m. and 7 p.m. must be removed as soon as it is practical but no later than 10 p.m. Furthermore, if the sidewalk has frozen over, the person in charge of the building must put down sand, sawdust, ashes, or some similar material to aid in removing the ice.
Failure to shovel snow or remove ice according to the city regulations may result in citations and/or fines ranging from $50 to $500.
Landlord Liability in Slip-and-Fall Accident
As stated in the Illinois Snow and Ice Removal Act, simply slipping on ice at your apartment is not enough to file a claim against your landlord, especially if they made some effort to remove the snow.
However, if your landlord was negligent in maintaining a safe walkway or stairs, or if their actions exacerbated the issue, then they may be liable for your injuries. The Chicago Residential Landlord and Tenant Ordinance requires landlords to maintain safe conditions which may include snow removal.
Additionally, if your fall occurred while it was still snowing, it will likely be impossible to hold your landlord responsible for your accident, even if they were negligent in some way. Slip-and-fall laws in Chicago are not the most favorable for pedestrians meaning it can be an uphill battle if you decide to file a lawsuit against your landlord for your slip-and-fall injuries.
Still, it may be worth it to take a stand if you are financially impacted by a fall that your landlord could have prevented. You may also protect yourself and your neighbors from future accidents.
How to Report Snow Removal Violations
Even if you may not have a case to sue your landlord, or if you slipped and fell without injuries, you can still report issues to the city by calling 3-1-1. Be sure to take pictures of the violation in case the situation does escalate to negligence.
Contact a Slip-and-Fall Lawyer Today
Due to the complexity of these cases, if you feel that our landlord’s neglect caused your fall and your injuries, it’s best to contact a Chicago slip-and-fall lawyer. An attorney will be able to give some insight into whether or not you have a case and if it’s worth it to pursue. Landlords who neglect their responsibility to help prevent injuries due to snow and ice should be held accountable.
For a FREE case review, contact our experienced team at Disparti Law Group today at (312) 600-6000 and find out why thousands say… Larry wins.
