Can I Sue if I Fell on Snow and Ice?

A serious fall on snow or ice can leave you in a difficult place. On one hand, you may be dealing with hospital bills, time away from work, and pain that makes daily life harder than it should be. On the other hand, you may find yourself thinking, “Isn’t snow and ice just part of living in the Midwest? Do I really have a claim, or was this just bad luck?”

That uncertainty is completely normal. For more than 75 years, the attorneys at Brassfield & Krueger have worked with people in your exact situation — slip and fall victims who weren’t sure whether anyone could truly be held responsible. The truth is, while not every fall leads to a claim, many do, especially when a property owner failed to take reasonable steps to prevent dangerous conditions.

You may have a valid case if, for example:

• A property owner ignored their duty to clear a sidewalk or parking lot in a reasonable time.
• Melted snow was allowed to refreeze into hidden, untreated ice patches.
• Poor drainage or faulty gutters caused water to pool and freeze on a walkway.
• A known hazard was never marked, salted, or blocked off.

If you’ve been injured on snow and ice, don’t dismiss the possibility of pursuing compensation just yet. Let’s take a closer look at why this could be an important step toward recovering both financially and emotionally.

Is It Really Worth Seeking Compensation for a Slip and Fall on Snow or Ice?

Yes, seeking compensation is often necessary to cover significant expenses and hold negligent parties accountable. Many victims initially assume their fall isn’t worth pursuing legally. They might think their injuries are minor or that the accident was simply unavoidable. However, medical bills can quickly accumulate, and what seems like a small injury can lead to long-term complications requiring ongoing treatment. Filing a claim can provide the financial relief needed for medical care, lost wages, and rehabilitation. Furthermore, holding negligent property owners responsible can prompt them to improve their maintenance practices, preventing future accidents.

How Do I Know a Slip and Fall on Snow and Ice Wasn’t Just My Fault?

You may not be at fault if the property owner failed to uphold their duty of care. It’s common for people to blame themselves after a fall, thinking they were clumsy or not careful enough. However, property owners have a legal obligation—a “duty of care”—to take reasonable steps to keep their premises safe for visitors. Liability shifts to the owner when they breach this duty. For example, if a store owner knows their entrance becomes a sheet of ice after a storm but does nothing to salt or clear it for hours, they have likely failed in their duty to provide a safe environment.

Who Is Usually Responsible When Someone Falls on Snow or Ice?

The responsible party is typically the owner or manager of the property where the fall occurred. Depending on the location and circumstances, this could be a business, a landlord, or even a government entity like a city or township. For instance, if the accident happens in a store’s parking lot, the business owner is likely responsible. Identifying the correct party is a critical first step in any premises liability claim.

How Much Time Do Property Owners Really Have to Remove Snow and Ice?

Property owners must clear snow and ice within a “reasonable time” after a storm. This standard is flexible and depends on the situation. For example, an owner is not usually considered negligent if someone falls during an active blizzard. However, once the storm has passed, their responsibility to clear walkways, parking lots, and entrances begins. What constitutes a “reasonable” timeframe can vary, but failing to act for many hours or days after a storm has ended is often considered negligence.

What if I Was Partly at Fault for Slipping on Ice?

You may still be able to recover compensation even if you were partially at fault. Illinois follows a “modified comparative negligence” rule. This means that if you are found to be partially responsible for your slip and fall, your compensation will be reduced by your percentage of fault. You can still recover damages as long as you are not found to be 50% or more at fault for the incident.

How Do I Prove Negligence in a Snow or Ice Slip and Fall?

Proving negligence requires strong evidence that the property owner failed to maintain a safe environment. Key pieces of evidence include photos of the icy or snowy conditions where you fell, statements from anyone who saw you fall, medical records detailing your injuries, and any official incident reports. Acting quickly is crucial because snow and ice melt, and evidence can disappear. Contacting an attorney soon after your fall helps preserve proof and build a stronger case.

Let Us Review Your Case

Falls on snow and ice are not always “just accidents.” If a property owner’s negligence caused your injuries, you have the right to hold them accountable. Don’t dismiss your pain and financial losses without understanding your legal options.

The personal injury attorneys at Brassfield & Krueger are here to help you determine if you have a valid case. Contact us today for a consultation to explore your path to recovery.