Winter doesn’t send warnings. One moment, a sidewalk looks clear—the next, it’s a sheet of black ice waiting for an unsuspecting step. According to Truveta Research, there are 13.1 emergency department visits for falls on snow or ice per 10,000 ER visits during winter months. In states with freezing temperatures, the rate is three times higher than in milder climates.
For businesses, these accidents are a safety risk and a legal and financial liability. Illinois law clarifies that property owners must take reasonable steps to keep their premises safe. That means clearing snow, preventing ice buildup, and ensuring walkways remain accessible. Failing to do so can result in slip and fall accidents, costly lawsuits, and serious injuries for customers and employees alike.
This article outlines a business’s legal responsibilities for snow and ice removal, the risks of poor maintenance, and the steps that can help prevent slip and fall accidents this winter. If you’ve already suffered a fall due to unsafe conditions, this guide can also help you understand your legal options.
Business Responsibilities for Snow & Ice Removal
Illinois businesses are not automatically liable for slip and fall accidents caused by natural snowfall, but they must take reasonable steps to prevent unsafe conditions.
In Chicago, businesses are legally required to clear sidewalks within three hours of snowfall ending and treat icy surfaces to prevent hazards. Failing to remove snow and ice properly — or allowing unnatural accumulations to form — might result in a slip and fall lawsuit.
Preventing Slip and Fall Accidents on Business Property
Winter conditions can turn parking lots, sidewalks, and entryways into dangerous zones for customers and employees. Businesses that take proactive steps to remove hazards reduce the risk of slip and fall accidents while protecting themselves from liability claims.
Clear Snow and Ice Promptly
The longer snow and ice remain on a property, the more dangerous they become. Businesses should remove snow from walkways and parking lots immediately after a snowfall.
Any remaining moisture can freeze and create black ice if temperatures drop, which is nearly impossible to see.
Use Salt, Sand, or Anti-Slip Materials
Simply shoveling snow isn’t enough to prevent ice from forming. Spreading salt, sand, or another anti-slip material on sidewalks and parking lots helps reduce slick spots.
Businesses should also monitor conditions throughout the day since high foot traffic can cause ice to reform.
Keep Entryways Dry and Free of Tracked-In Ice
Even when outdoor areas are clear, indoor entryways become slippery as people track in snow and slush.
Placing absorbent mats near doorways and routinely mopping up excess moisture can help prevent falls or fall accident injuries. Businesses should also check for leaks from overhangs or roofs that could drip onto walkways and refreeze.
Install Warning Signs in Slippery Areas
Not every hazard will be eliminated right away. If certain areas remain icy, businesses should place warning signs to alert customers and employees.
High-visibility signage near entryways, stairs, and parking lot slopes can prevent unexpected falls.
Document Maintenance Efforts
If a slip and fall case occurs, having proof of regular maintenance can be a strong legal defense. A property owner should keep records of snow removal, ice treatment, and safety inspections shows that a business took reasonable steps to prevent accidents.
Security camera footage, maintenance logs, and employee reports all provide evidence if a claim arises.
When Is a Business Liable for a Slip and Fall Case?
A business is not automatically responsible for every slip and fall accident on its property. Liability depends on whether or not the property owner took reasonable steps to prevent hazards.
In Illinois, courts consider the difference between natural and unnatural accumulations of snow and ice when determining whether a business is at fault.
Natural vs. Unnatural Accumulation of Snow and Ice
Illinois law generally does not hold businesses liable for slip-and-fall accidents caused by natural accumulations of snow and ice. If a customer slips on a sidewalk covered in freshly fallen snow, the business is unlikely to be responsible.
However, businesses can be held liable if they create or contribute to an unnatural accumulation of ice or snow and fall accidents occur. This happens when poor maintenance or negligence makes conditions more dangerous than they would have been naturally. Examples include:
- Snow piles that melt and refreeze into ice on walkways
- Clogged or poorly placed drains that cause water to pool and freeze
- Uneven surfaces where melted snow collects and turns into ice
- Leaks from roofs or overhangs that create ice patches near entrances
- Improperly shoveled paths that leave packed snow or icy patches behind
If slip and fall accidents occur because a business failed to address these hazards, they could face a slip and fall case under Illinois’ premises liability laws.
How Poor Maintenance Increases Liability
Even if a business didn’t directly cause the icy conditions, failure to take reasonable precautions makes them potentially liable for fall injuries. A business could be at fault if:
- It failed to salt or sand walkways, allowing ice to form.
- It delayed snow removal, creating a preventable hazard.
- It ignored reports of dangerous conditions, such as employees or customers mentioning slippery spots.
- It did not maintain indoor entryways, allowing melted snow to create a slipping hazard inside the business.
If a business is aware of a dangerous condition and does nothing to fix it, it could be held responsible for fall injuries.
Key Factors That Influence Slip and Fall Cases
Courts look at several factors when determining whether a business is liable in slip and fall accidents:
- Negligence: Did the business fail to take reasonable steps to prevent the hazard?
- Business Policies: Did the company have a snow removal plan in place and follow it?
- Weather Conditions: Did the business have enough time to respond after a storm?
- Customer Actions: Was the injured party behaving responsibly, or were they engaging in risky behavior?
A business that actively clears snow, salts surfaces, and maintains safe walkways is far less likely to be found liable. However, those who ignore icy conditions or respond too slowly put themselves at risk for costly slip and fall cases.
What to Do After a Slip and Fall Accident
A slip and fall accident can happen in seconds, but the consequences can last for months or even years. If someone falls on a business’s property due to unsafe conditions, taking the right steps immediately can help protect their health and legal rights.
Report the Incident
The first step after a fall is to notify the business owner, manager, or property staff. Many businesses have formal procedures for documenting accidents.
Request that an incident report be filed and ask for a copy. If the business refuses, make note of the time, location, and any employees who were present.
Take Photos of the Hazardous Conditions
Evidence disappears quickly after a fall, especially if a business rushes to fix the hazard. If possible, take photos or videos of the scene, including:
- The exact spot where the fall happened
- Any ice, snow, wet floors, or other hazardous conditions
- The absence of warning signs, if applicable
- Footwear and clothing to show there were no obstructions
If a business was negligent, these photos can be key evidence in a slip and fall case.
Seek Medical Attention
Even if injuries seem minor at first, still see a doctor. Some injuries, like concussions or soft tissue damage, may not show symptoms right away. Moreover, a medical evaluation provides:
- Documentation of injuries for legal and insurance claims
- A treatment plan to prevent long-term complications
- Proof that the fall directly caused the injury
Delaying medical treatment can make it harder to prove that the injury was caused by the fall, which could weaken a legal case.
How a Slip and Fall Attorney in Chicago Can Help
For someone injured in a slip and fall accident, proving negligence isn’t always simple. Businesses often deny responsibility, claiming the hazard was unavoidable or the injured person wasn’t careful. This is where a Chicago slip and fall lawyer assists.
Building a Strong Case
An experienced attorney helps gather the evidence needed to prove liability. This can include:
- Reviewing surveillance footage to show how long the hazard was present
- Collecting witness statements from employees or customers
- Examining maintenance logs to determine if proper snow and ice removal procedures were followed
- Consulting experts to assess whether the property owner acted negligently
By compiling this evidence, a lawyer demonstrates that the business failed to take reasonable steps to prevent the accident.
Securing Compensation
Slip and fall injuries can lead to expensive medical bills, lost wages, and long-term pain. A slip and fall attorney in Chicago can help injured victims seek compensation for:
- Medical expenses, including physical therapy and rehabilitation
- Lost income from time off work
- Pain and suffering due to lasting injuries
- Any long-term disability or reduced quality of life
Insurance companies often try to minimize payouts, but a skilled lawyer negotiates for fair compensation and is prepared to take the case to court if necessary.
The Weight of Responsibility in Winter
Winter doesn’t care about property lines. Ice will creep across sidewalks, snow will bury entryways, and people will still need to go about their day. Some businesses see this as a passing inconvenience — something to deal with when they have time. Others recognize it for what it is: a responsibility.
The line between an unavoidable winter hazard and a preventable accident is thinner than most realize. A well-salted walkway. A cleared parking lot. A properly drained entryway. These small actions can mean the difference between a routine day and a life-altering fall.
Businesses must take responsibility for the safety of those who step onto your property or face the consequences when injuries happen. For those who have already suffered, the next step isn’t about what should have been done but about what can be done now.
Midwest Injury Lawyers: Fighting for Slip and Fall Victims
At Midwest Injury Lawyers, we understand the challenges that come with a serious slip and fall injury. Our team has extensive experience holding businesses accountable for unsafe conditions and securing compensation for injured clients.
If you or a loved one has suffered a slip and fall accident, we’re here to help. Let us fight for the justice you deserve. Contact us today for a free consultation!