While winter is more than half over, it does not seem that the snow-fall is letting up any time soon. Indeed, according to the Chicago Tribune , the Chicago has experienced one of the top ten snowiest winters since records began being kept in the late 1800’s. Such an unusual winter creates not only practical issues, but also triggers some legal considerations we normally to do not have to contemplate so often.

For example, under the Illinois Vehicle code, property owners with handicap parking spaces are mandated to clear those spaces within 24 hours after snowfall. Though just a petty offense, a violation of this nature can cost up to $250 plus court costs.

This requirement is contrary to the general lack of requirement for property owners to clear parking lots and sidewalks. In fact, many property owners hesitate to clean up after a snowfall because of there is generally no liability imposed for falls caused by a natural accumulation of snow or ice. Liability can be imposed, however, if a property owner piles snow in one particular area.

Once a property owner undertakes to clear sidewalks and parking lots, the owner must not do anything to make the situation worse. If a person falls and is injured from an unnatural accumulation of snow or ice, then the property owner may be liable for that injury. Unnatural accumulations may occur if snow is piled in a way that patrons must climb over to access the business, or melting ice from a pile refreezes, or melting ice or rain freezes at the foot of a down spout.

For those injured in slip and falls in parking lots and sidewalks due to the weather, it is important to take photos of the site so an attorney can assess if the accumulation was natural or unnatural. Each case is different and must be evaluated by an experienced personal injury attorney.

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