Snow Removal

Q:     Do I have to remove snow and ice from the sidewalks on my property?  If I don’t, can I be liable if somebody falls? If I do shovel snow, can I be liable if sombody trips stepping over a pile of snow?

A:      To shovel, or not to shovel-if that is the question, you’re pretty safe either way. You can only be liable for creating an “unnatural accumulation” of snow or ice, which protects you if you never shovel. And lest you think that shoveling therefore opens you to liability, few cases actually hold shovelers liable for creating unnatural accumulations.

The unnatural accumulation rule in Illinois dates back to 1931.  The state Supreme Court said then that a city could be liable for injuries caused by ice on a sidewalk, when that ice came from overfilling a nearby ice rink.  The court reasoned that while people shouldn’t be liable for risks created by nature, they could be liable for man-made, unnatural risks.

The rule that makes you liable for an unnatural accumulation of snow or ice specifically applies to your own, private property.
The Snow and Ice Removal Act of 1979 seeks to encourage citizens “to clean the sidewalks abutting their residences of snow and ice.”   The Act does that by shielding anyone from liabiltiy for injuries” caused by the snowy or icy condition of the sidewalk resulting from his or her acts or omissions unless the alleged misconduct was willful or wanton.”

It’s not clear what’s willful and wanton misconduct, since no Appellate Court case has held anyone liable under the Act.
It’s clear, though, that it must be extreme, and much worse than simply creating an unnatural accumulation of snow or ice.  Something like hosing down a sidewalk for the kids to slide on might qualify.

Just as it’s hard to tell what is “willful and wanton,” it’s hard to tell the difference between a natural and un nanatural accumulation of snow or ice. As one judge said, “no one understands the difference.”

About the only way doing nothing can create an unnatural accumulation is if runoff from something like a downspout freezes where people walk. Ice from melting piles of snow may by an unnatural accumulation, as may be piles or mounds people have to step over or around. Judges, though, seem reluctant to make someone liable for improperly removing snow, especially when their efforts are consistent or methodical.

One type of accumulation that courts have said is unnatural is a plowed or shoveled mond of snow that blocks a driver’s view of traffic. Be careful at driveway exits and corners.

Finally, landlords have no duty to shovel for their tenants. Than can agree, in a lease, to clear sidewalks, but otherwise don’t have to  do anything