Ice and Snow Slip-and-Fall Accidents in Illinois: When Is the Property Owner Liable?

Winter in Central Illinois brings freezing temperatures, snowstorms, and icy sidewalks. Every year in Peoria and surrounding communities, people are injured after slipping on untreated ice or snow.

If you were hurt, you may be asking: When is a property owner legally responsible for an ice and snow slip and fall Illinois accident?

Illinois law on winter slip-and-fall cases is more complicated than many people realize. In most situations, property owners are not automatically liable simply because snow or ice was present. However, there are important exceptions.

This article explains the Illinois “natural accumulation rule,” the Illinois Snow and Ice Removal Act (745 ILCS 75/), key exceptions such as unnatural accumulation and the voluntary undertaking doctrine, what injured plaintiffs must prove, and how liability differs between private and municipal property.

The Natural Accumulation Rule in Illinois

Illinois follows what is commonly known as the natural accumulation rule. Under this rule, property owners generally are not liable for injuries caused by the natural accumulation of snow or ice.

A “natural accumulation” includes:

Snow that falls during a storm
Ice formed from melting and refreezing
Slush tracked by pedestrians
Snow drifts caused by wind

In simple terms, Illinois courts recognize that winter weather is unavoidable. Property owners are not insurers of public safety simply because it snows.

If you slipped on freshly fallen snow in a parking lot during an active storm, the natural accumulation rule may bar recovery.

The Illinois Snow and Ice Removal Act (745 ILCS 75/)

The Illinois Snow and Ice Removal Act provides additional protection to property owners who voluntarily remove snow and ice from residential property.

Under 745 ILCS 75/, residential property owners who attempt to clear snow or ice are generally not liable for injuries caused by their removal efforts unless their actions were wilful or wanton.

What This Means

If a homeowner shovels a sidewalk imperfectly, that alone usually does not create liability.
The law encourages snow removal without punishing minor mistakes.
Liability may still arise if the conduct was reckless or intentionally dangerous.

This statute primarily protects residential property owners, not necessarily commercial businesses.

When Does Liability Exist? Key Exceptions

Although the natural accumulation rule protects many property owners, there are important exceptions.

1. Unnatural Accumulation of Ice or Snow

A property owner may be liable if the ice or snow resulted from an unnatural accumulation.

Examples may include:

Poor drainage that directs water onto walkways where it freezes
Defective gutters causing runoff to refreeze
Piled snow that melts and creates hazardous ice patches
Improper snow plowing that creates ridges or obstructions

If the property owner’s actions caused or aggravated the dangerous condition, the natural accumulation defense may not apply.

2. The Voluntary Undertaking Doctrine

Under Illinois law, if a property owner voluntarily undertakes snow removal, they must perform it with reasonable care.

This does not mean perfection is required. However, if snow removal efforts create a new hazard or worsen the condition, liability may arise.

For example:

Salting one area but ignoring a known icy entrance
Creating large snow piles that obstruct visibility
Clearing a walkway but leaving hidden ice beneath packed snow

Once a property owner begins removing snow, they cannot do so negligently.

What Must a Plaintiff Prove in an Ice and Snow Slip and Fall Illinois Case?

To recover damages in a winter slip-and-fall case, the injured person must generally prove:

The property owner owed a duty of care.
An unnatural accumulation or negligent condition existed.
The owner knew or should have known about the hazard.
The hazardous condition caused the injury.
Damages resulted.

Unlike ordinary slip-and-fall cases, simply showing that ice was present is usually not enough in Illinois.

Private Property vs. Municipal Property Liability

Private Property Owners (Businesses, Apartment Complexes)

Commercial property owners owe a duty to maintain reasonably safe premises for customers and lawful visitors.

However, they still benefit from the natural accumulation rule unless an exception applies.

In many cases, the key questions are:

Was the accumulation natural or unnatural?
Did the business have actual or constructive notice of the hazard?
Did snow removal efforts create a new danger?

Municipal Property (City Sidewalks and Public Areas)

Claims against municipalities involve additional legal hurdles.

Illinois municipalities often have statutory immunities under the Local Governmental and Governmental Employees Tort Immunity Act. These immunities may limit liability unless specific exceptions apply.

Municipal claims also involve:

Shorter notice deadlines
Complex procedural requirements
Immunity defenses

If your fall occurred on city-owned property, legal review should happen quickly.

Comparative Fault in Winter Slip-and-Fall Cases

Illinois follows a modified comparative fault system under 735 ILCS 5/2-1116.

If you are found partially at fault for your fall, your compensation may be reduced by your percentage of fault. If you are 51% or more responsible, you cannot recover damages.

Defendants often argue:

You were not paying attention.
You were wearing improper footwear.
You ignored visible snow or ice.

These arguments can significantly affect case value.

Common Injuries in Winter Slip-and-Fall Accidents

Wrist fractures
Ankle fractures
Hip fractures
Traumatic brain injuries
Spinal injuries

Older adults are particularly vulnerable to severe injuries during winter falls.

Practical Steps After a Winter Slip-and-Fall

If you are injured in an ice and snow slip and fall Illinois accident, take these steps if possible:

Photograph the exact area immediately.
Capture the condition of the ice or snow.
Document lighting and weather conditions.
Obtain names of witnesses.
Request an incident report if at a business.
Seek medical attention promptly.

Snow and ice conditions can change quickly. Documentation is critical.

How These Cases Fit Within Illinois Personal Injury Law

Winter slip-and-fall cases fall under Illinois premises liability law. These cases are fact-intensive and require careful investigation of weather data, maintenance practices, and property conditions.

For a broader overview of your rights after serious injury, visit our
Peoria personal injury attorney resource page.

Frequently Asked Questions

Is a property owner always responsible if I slip on ice?

No. Illinois’ natural accumulation rule often protects property owners unless the accumulation was unnatural or caused by negligent snow removal.

What is an unnatural accumulation?

An unnatural accumulation occurs when human action or property defects cause ice or snow to gather in a hazardous way.

Does the Illinois Snow and Ice Removal Act protect businesses?

The Act primarily protects residential property owners. Commercial properties may still be liable under certain circumstances.

How long do I have to file a claim?

Most personal injury claims in Illinois must be filed within two years. Claims against municipalities may involve additional deadlines.

Speak With a Peoria Personal Injury Attorney

Winter conditions make ice and snow slip and fall Illinois cases legally complex. Liability depends on detailed facts about how and why the ice formed.

If you were seriously injured in a winter fall in Peoria or Central Illinois, Parker & Parker Attorneys at Law can review your situation and explain your options.

Parker & Parker Attorneys at Law
300 NE Perry Ave., Peoria, IL 61603
Phone: 309-673-0069