Chicago Slip and Fall Injuries Caused by Failure to Shovel Snow

Every Chicago winter brings the same cycle: snow falls, temperatures drop, and sidewalks turn into hazards. When a property owner fails to shovel, that hazard becomes a legal problem. A slip and fall on an unshoveled sidewalk can cause broken bones, head injuries, and worse. If you were hurt on someone else’s property because they did not clear the snow, you may have a legal claim, and the attorneys at Briskman Briskman & Greenberg, a Chicago personal injury lawyer firm, are ready to help you understand your rights.

Table of Contents

• What Chicago Law Says About Shoveling Sidewalks
• The Illinois Snow and Ice Removal Act and What It Means for Your Case
• Who Can Be Held Liable When a Sidewalk Is Not Shoveled
• What You Need to Prove to Win Your Claim
• Illinois Statute of Limitations and Why You Must Act Quickly
• Damages You Can Recover After a Failure-to-Shovel Slip and Fall
• FAQs About Chicago Slip and Fall Injuries Caused by Failure to Shovel Snow

What Chicago Law Says About Shoveling Sidewalks

Chicago has a clear rule about snow removal, and it applies to nearly every property in the city. Under the Municipal Code of Chicago (4-4-310 and 10-8-180), property owners are responsible for clearing snow and ice from their sidewalks to keep neighborhoods safe and accessible. This is not a suggestion. It is a legal obligation that covers homeowners, landlords, business owners, and anyone in charge of a building or lot.

The ordinance sets specific deadlines. Snow that falls or accumulates between 7 a.m. and 7 p.m. must be removed no later than 10 p.m. of the same day, and snow that falls or accumulates overnight between 7 p.m. and 7 a.m. must be removed by 10 a.m. of the same day. That means a property owner who wakes up to six inches of snow on a Monday morning has a hard deadline to meet, whether they feel like shoveling or not.

The ordinance also spells out how much of the sidewalk must be cleared. The City of Chicago municipal code requires individuals to clear a five-foot-wide path along the sidewalk, where conditions allow, so that pedestrians in wheelchairs, people with children in strollers, students walking to school, and individuals with assistive devices have safe mobility and access. A narrow strip down the center does not meet the standard. And if the snow has frozen so hard it cannot be removed, the person in charge of the building or lot must strew the sidewalk with sand, abrasive material, or other products made for the purpose of mitigating slipping hazards and preventing the accumulation of ice.

Property owners who skip this duty face fines. You can receive a citation for failure to shovel, with fines ranging from $50 to $500, with the amount determined on a per-case basis by an Administrative Hearings judge. But a fine is the least of the consequences when someone gets hurt.

The Illinois Snow and Ice Removal Act and What It Means for Your Case

Illinois has a state law that complicates snow and ice injury claims, and you need to understand it before you assume your case is simple. The Illinois Snow and Ice Removal Act declares it to be the public policy of this state that owners and others residing in residential units be encouraged to clean the sidewalks abutting their residences of snow and ice, and the General Assembly determined it is undesirable for any person to be found liable for damages due to their efforts in the removal of snow or ice from such sidewalks, except for acts which amount to clear wrongdoing.

In plain terms, this means that a residential property owner who shovels, even if they do a poor job, generally cannot be held liable for a resulting slip and fall unless their conduct was willful and wanton. Under the Illinois Snow and Ice Removal Act, 745 ILCS 75/1 et seq., an owner shall not be liable for personal injuries caused by snowy or icy conditions on a sidewalk unless the owner acted in a willful or wanton way. That is a high bar to clear.

But here is where it gets important for injured victims: the Act does not protect everyone in every situation. The Illinois Snow and Ice Removal Act does allow injured individuals to seek compensation from property owners if an “unnatural accumulation” of snow or ice caused them to slip, fall, and become injured, and in those situations, the Act does not shield the property owner from liability. An unnatural accumulation is one created by human action, not by the storm itself. Think of a landlord who piles snow against a building, and it melts and refreezes into a sheet of ice across the walkway. That ice was not left by nature. It was created by negligence.

The Illinois Supreme Court reinforced this in *Murphy-Hylton v. Lieberman Management Services, Inc.*, 2016 IL 120394. The Illinois Supreme Court held that property managers owe a duty to pedestrians to direct snowmelt and drainage away from the sidewalk so that ice does not accumulate and cause a hazard. A defective downspout, improper grading, or drainage that channels water onto a walkway can all create unnatural accumulations, and none of those are protected by the Act. A skilled slip and fall attorney can help you identify whether the condition that caused your fall was natural or unnatural.

Who Can Be Held Liable When a Sidewalk Is Not Shoveled

Liability in a failure-to-shovel case depends on who controlled the property and what their legal obligation was. Chicago’s sidewalks run past homes, apartment buildings, restaurants, retail stores, and office towers. The person responsible for clearing the snow is not always the same person you think of first.

For commercial properties, the duty is straightforward. Sidewalk snow regulations affect all home, business, and property owners in Chicago, and business owners that rent space adjacent to sidewalks are responsible for shoveling snow under the ordinance. So if you slip on the unshoveled sidewalk in front of a restaurant on Milwaukee Avenue in Wicker Park, or a retail shop on Michigan Avenue in the Loop, the business owner or property owner may be liable for your injuries.

For rental properties, the picture can be more complicated. In apartment or condominium buildings, the landlord or condo association is almost always responsible for clearing common areas like sidewalks, entryways, and parking lots. For a rented house, the lease might assign shoveling duties to the tenant, but if the lease is silent on the matter, the duty generally remains with the property owner.

Third-party snow removal contractors can also be held responsible. Many landlords hire professional snow removal services, and if that contractor performs their job negligently, for example by piling snow where it melts and refreezes into an unnatural hazard, both the contractor and the landlord could potentially be held liable for a resulting injury. Identifying all potentially liable parties is one of the most valuable things a slip and fall attorney can do for you. Missing one responsible party can mean leaving money on the table.

Homeowners associations present their own layer of duty. It is common for homeowner association declarations to specifically require the board to remove snow to keep drives and sidewalks in good condition, and boards have a duty to follow their association’s governing documents, making it a potential basis of liability for an association to allow snow to remain when a declaration mandates the board have it removed.

What You Need to Prove to Win Your Claim

Winning a snow shoveling injury case in Illinois requires more than showing that the sidewalk was slippery. You need to build a specific legal argument. The foundation of any premises liability claim is proving that the property owner owed you a duty of care, that they breached it, and that the breach caused your injuries and damages.

The hardest part of these cases is usually proving the accumulation was unnatural. Proving an unnatural accumulation is key to a successful claim, and this involves showing that the hazard was caused by something like a faulty downspout, improper shoveling that caused refreezing, or drainage issues from a parking lot. You cannot simply point to the snow and say it was there. You need to show how it got there and why the property owner is responsible for it.

Evidence matters enormously. Photographs of the scene taken as soon as possible after your fall are critical. Witness statements from neighbors or passersby can help establish how long the snow had been there. Weather records can show when the storm ended and whether the property owner had enough time to comply with the ordinance’s deadlines. An incident report, if filed with a business or property manager, creates a written record that is hard to dispute later. Surveillance footage from nearby cameras, whether from a business or a CTA station like one near the Red Line stops in Lincoln Park or Rogers Park, can sometimes capture the condition of the sidewalk before and after a fall.

You will also need to document your injuries thoroughly. Medical records from your emergency room visit, follow-up appointments, and any imaging studies like X-rays or MRIs form the backbone of your damages claim. Lost wages, future medical costs, and pain and suffering are all part of what you may be able to recover. Working with an experienced slip and fall lawyer from the start helps ensure that none of this critical evidence disappears before your case is built.

Illinois Statute of Limitations and Why You Must Act Quickly

Time is not on your side after a slip and fall injury. Illinois law sets a strict deadline for filing personal injury lawsuits, and missing it means losing your right to compensation entirely, no matter how strong your case is.

Under 735 ILCS 5/13-202, the statute of limitations for personal injury claims in Illinois is two years from the date of the injury. That may sound like plenty of time, but the clock starts running the moment you fall, not when you finish your medical treatment or realize how serious your injuries are. A broken hip suffered on an icy Bridgeport sidewalk in January 2026 must be the subject of a filed lawsuit by January 2028 at the latest.

Cases involving government-owned property have even tighter deadlines. If your fall happened on a sidewalk adjacent to a city-owned building or a Chicago Park District property near places like Grant Park or Millennium Park, special notice requirements under the Illinois Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10) may apply. Failing to provide timely notice to the right government entity can bar your claim before it even begins.

Beyond the legal deadline, evidence deteriorates fast in winter cases. Snow melts. Conditions change. Witnesses move on. The property owner may fix the drainage issue or repave the walkway before anyone documents the defect. Acting quickly preserves the evidence you need. Contact a slip and fall lawyer as soon as you are medically able to do so. The sooner you get legal help, the better your chances of building a strong case.

Briskman Briskman & Greenberg has spent decades fighting for injured Chicagoans. If you were hurt on an unshoveled or poorly maintained sidewalk, our team can investigate the facts, identify the responsible parties, and pursue the full compensation you deserve. Contact us today for a free consultation. You pay nothing unless we recover for you.

Damages You Can Recover After a Failure-to-Shovel Slip and Fall

A serious slip and fall on an unshoveled sidewalk can derail your life. The injuries are often severe, especially for older adults and people with disabilities who rely on Chicago’s sidewalks to get to the CTA, reach their doctors, or simply go to the grocery store. Under Illinois law, a successful premises liability claim can recover a wide range of damages.

Economic damages cover the financial losses you can document. Medical bills from your emergency room visit, surgery, physical therapy, and follow-up care are all recoverable. If your injuries kept you out of work, you can claim lost wages for the time you missed. If your injuries are permanent or long-lasting, future medical costs and lost earning capacity are also part of your claim. A back injury, a fractured hip, or a traumatic brain injury can follow you for years, and your compensation should reflect that reality.

Non-economic damages address the human cost of your injury. Pain and suffering, emotional distress, and loss of enjoyment of life are all recognized categories of compensation under Illinois law. If your injuries left you unable to do things you loved, whether that is walking the lakefront trail, playing with your grandchildren, or simply getting around your neighborhood without fear, those losses have real value in a legal claim.

Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. If a defendant argues that you were partly at fault, perhaps by wearing improper footwear or ignoring a visible hazard, your compensation may be reduced by your percentage of fault. As long as your fault does not exceed 50 percent, you can still recover. This is one more reason to have an experienced slip and fall attorney in your corner, someone who can push back against unfair attempts to shift blame onto you.

Every case is different, and the value of your claim depends on the severity of your injuries, the strength of your evidence, and the degree of the property owner’s fault. Briskman Briskman & Greenberg can evaluate your situation and give you an honest picture of what your case may be worth.

FAQs About Chicago Slip and Fall Injuries Caused by Failure to Shovel Snow

Can I sue a property owner if I slipped on a Chicago sidewalk that was not shoveled?

You may have a valid claim, but it depends on the specific facts of your case. Chicago Municipal Code 10-8-180 requires property owners to clear sidewalks within set deadlines, and failure to do so can support a premises liability claim. However, Illinois law also provides some immunity to residential property owners under the Illinois Snow and Ice Removal Act (745 ILCS 75). The strongest cases involve commercial properties, unnatural accumulations of ice, or conditions caused by poor drainage or improper snow removal. Speaking with an attorney is the best way to know whether you have a viable claim.

What is an “unnatural accumulation” of snow or ice, and why does it matter?

An unnatural accumulation is one that results from human action rather than a storm. Examples include snow piled against a building that melts and refreezes across a walkway, water from a faulty downspout that drains onto a sidewalk and turns to ice, or parking lot runoff that creates a sheet of black ice on a public path. Under Illinois law, property owners can be held liable for unnatural accumulations even when they are otherwise protected from liability for naturally occurring snow and ice. Proving this distinction is often the key to a successful claim.

How long do I have to file a slip and fall lawsuit in Illinois?

The general statute of limitations for personal injury claims in Illinois is two years from the date of the injury, under 735 ILCS 5/13-202. If your fall occurred on property owned or controlled by a government entity, such as a city-owned building or a public park, shorter notice deadlines may apply under the Illinois Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10). Missing any of these deadlines can permanently bar your claim, so it is important to consult an attorney as soon as possible after your injury.

What should I do immediately after slipping on an unshoveled sidewalk in Chicago?

First, seek medical attention right away, even if your injuries seem minor at first. Some serious injuries, like concussions or internal injuries, do not show all their symptoms immediately. Take photographs of the sidewalk, the surrounding conditions, and your injuries as soon as you are able. Get the names and contact information of any witnesses. Report the incident to the property owner or manager and ask for a written incident report. Save the shoes and clothing you were wearing. Then contact an attorney before speaking with any insurance company, because early statements can be used against you.

Does it matter if the property owner hired a snow removal company?

Yes, it matters, but it does not automatically eliminate the property owner’s liability. If a third-party snow removal contractor performed their job negligently, for example by creating an unnatural accumulation of ice through improper plowing, both the contractor and the property owner may be held responsible. Property owners cannot simply hand off their legal duties to a contractor and walk away from responsibility. An attorney can investigate the contracts, work records, and actions of all parties involved to identify everyone who may share liability for your injuries.

More Resources About Causes of Slip and Fall Injuries

• Chicago Slip and Fall Injuries Caused by Wet Floors
• Chicago Slip and Fall Injuries Caused by Ice and Snow
• Chicago Slip and Fall Injuries Caused by Failure to Salt Sidewalks
• Chicago Slip and Fall Injuries Caused by Poor Maintenance
• Chicago Slip and Fall Injuries Caused by Unsafe Property Conditions
• Chicago Slip and Fall Injuries Caused by Broken Flooring
• Chicago Slip and Fall Injuries Caused by Uneven Surfaces
• Chicago Slip and Fall Injuries Caused by Loose Handrails
• Chicago Slip and Fall Injuries Caused by Poor Lighting
• Chicago Slip and Fall Injuries Caused by Spilled Liquids
• Chicago Slip and Fall Injuries Caused by Food Debris
• Chicago Slip and Fall Injuries Caused by Grease
• Chicago Slip and Fall Injuries Caused by Cleaning Hazards
• Chicago Slip and Fall Injuries Caused by Lack of Warning Signs
• Chicago Slip and Fall Injuries Caused by Cluttered Walkways
• Chicago Slip and Fall Injuries Caused by Construction Hazards
• Chicago Slip and Fall Injuries Caused by Defective Stairs
• Chicago Slip and Fall Injuries Caused by Elevator Malfunctions
• Chicago Slip and Fall Injuries Caused by Escalator Defects