Slip and Fall

February 24, 2025

What is a Snow Removal Company’s Duty Under Illinois Law?

Written and reviewed by Peter Zneimer, Zneimer & Zneimer P.C.

You go to Jimmy’s Market to buy some groceries at 3:00 pm in the afternoon. That morning it had snowed 5 inches and then began to melt. You park your car and when you near the entrance of the store you slip on ice and snow on the walk way that had not been cleared and fall on the ground and break your arm. Jimmy’s Market had a contract with Frank’s Snow Removal company to promptly clear ice and snow for Jimmy’s Market after any snow storm. Frank’s Snow Removal Service failed to show up that day to remove the snow. Under these facts, is there any possible liability against Jimmy’s Market and/or Frank’s Snow Removal Service? This is a common fact pattern that the personal injury lawyers of Zneimer & Zneimer P.C. encounter.

Under the “natural accumulation rule” in Illinois, property owners have no duty to remove natural accumulations of snow and ice from their property. The rational is that since winters in Chicago can be harsh, especially in Chicago, imposing a duty on property owners to remove natural accumulations of of snow and ice would be unreasonable and unpractical. To win a slip-and-fall case involving ice or snow, the plaintiff typically must show that (1) the accumulation of snow and ice was unnatural and (2) the defendant had actual or constructive notice of the condition.

January 23, 2025

Stairs Without Handrails are Dangerous and Lead to Serious Injuries

by Zneimer & Zneimer, P.C.

In Chicago and everywhere, most homes have stairs. When stairs lack proper safety features like handrails, they become a hidden hazard. Missing, defective, or wobbly handrails are not just inconvenient. They are a serious safety concern that can result in devastating injuries. In Chicago and in Illinois, property owners have a legal duty to ensure that stairways comply with safety standards, including the installation of handrails. When they fail to do so, and someone falls on the stairs, the owner would likely be responsible for the injuries.

The Critical Role of Handrails: Insights from Research and Case Law

Research shows that handrails play a crucial role in preventing falls. A study by Maki et al. demonstrated that handrails allow individuals to quickly stabilize themselves, reducing the likelihood of a fall. In cases where people lost their balance, those who grabbed a handrail could generate stabilizing forces equal to 60% of their body weight within seconds, a response that dramatically reduced the risk of serious personal injury.

December 18, 2024

Lesiones en Escaleras Comunes en Chicago

by Zneimer & Zneimer, P.C.

Los abogados de resbalones y caídas de Zneimer & Zneimer P.C. observan que los casos más comunes de lesiones en propiedades son las caídas en escaleras. Bajar escaleras es intrínsecamente peligroso, ya que una caída desde cierta altura genera la fuerza necesaria para causar esguinces graves, fracturas y traumatismos craneales. Caminar por las escaleras requiere equilibrio, coordinación y concentración. Si las escaleras son resbaladizas o tienen defectos como cemento agrietado o iluminación inadecuada, las caídas son más probables.

Los peligros de las escaleras inseguras

Cada año, miles de personas sufren lesiones debido a escaleras inseguras. Según el Consejo Nacional de Seguridad, las caídas son la segunda causa principal de muertes relacionadas con lesiones no intencionales en los Estados Unidos. Las escaleras son particularmente peligrosas, y una investigación de la revista American Journal of Emergency Medicine estima más de un millón de lesiones relacionadas con escaleras anualmente.

December 17, 2024

Slip & Fall Injuries in Chicago

by Zneimer & Zneimer, P.C.

Slip and fall accidents are among the most common types of personal injury cases in Illinois. They often occur in grocery stores, big box stores, Targets, Home Depot and all other stores open to the public. Injuries can be serious, such as broken bones, head trauma, or spinal injuries. These types of cases can be difficult to prove so it is important to hire experienced slip and fall lawyers such as Zneimer & Zneimer P.C. to handle your case.

Common Causes of Slip and Fall Accidents

Slip and fall accidents are often caused by dangers that could have been prevented with proper care. Common causes include:

December 12, 2024

Stairway Injuries Common in Chicago

by Zneimer & Zneimer, P.C.

The slip & fall attorneys of Zneimer & Zneimer P.C. note that the most common premises injury cases are falls on stairs. Walking down stairs is inherently dangerous since a fall from heights creates the force necessary to cause serious sprains, fractures and head traumas. The act of walking downstairs requires balance, coordination and focus. If the stairs are slippery or if there are defects such as cracked cement or inadequate lighting, then falls become more likely.

The Dangers of Unsafe Stairs

Every year, thousands of people suffer injuries due to unsafe staircases. According to the National Safety Council, falls are the second leading cause of unintentional injury-related deaths in the United States. Stairs are particularly dangerous, with research from the American Journal of Emergency Medicine estimating over one million stair-related injuries annually.

November 26, 2024

Is There Liability in Chicago if I Slip and Fall on Icy Stairs? The Answer is “It Depends.”

by Zneimer & Zneimer, P.C.

Written and reviewed by Peter Zneimer

You are visiting at a friend’s house and as you are walking down their front stairs, you slip and fall on ice and break your arm. Do you have a cause of action against your friend for your injuries? That is a common question that the personal injury lawyers of Zneimer & Zneimer P.C. receive during winter months. The answer is: “it depends”.

In Illinois, landowners and occupiers have no common-law duty to remove natural accumulation of snow and ice from their property. Additionally, even if the landowner has made an attempt to clear ice and snow but did not clear it all, the landowner is not liable for any injuries caused by slipping and falling on that ice or snow. See the case of Murphy-Hylton v. Lieberman Management Services, Inc., 2016 IL 120394. This “natural-accumulation” rule was further codified for owners of residential units in the “Snow and Ice Removal Act” 745 ILCS 75/1 which states that the owner of a residential property who removes or attempts to remove ice and snow from his or her sidewalks shall not be liable for personal injuries caused by the icy or snowy condition.

October 17, 2023

No Duty to Spot Fallen Individuals on Train Tracks

by Zneimer & Zneimer, P.C.

For individuals in Chicago, especially those who have suffered injuries in public transit scenarios, understanding the dynamics of premises liability is essential. Chicago train injuries attorneys often grapple with cases like Quiroz v. Chicago Transit Authority to safeguard their clients’ rights.

In a decision from the Illinois Supreme Court, nuances surrounding the duty of care in premises liability cases were made clear. This decision is particularly significant for people in urban areas that use public transportation. It is also significant for Chicago personal injury attorneys, as it limits recovery for people who end up on the tracks, and provides an in-depth perspective on how courts handle ‘open and obvious risks’ and their implications on a landowner’s or public transit’s duty.

Quiroz v. Chicago Transit Authority, arose from a heart-wrenching incident where a person tragically lost their life in a train tunnel. A couple of trains passed through the tunnel but noone notified dispatch to let them know that an unauthorized person was inside the tunnel. Central to the case was the question: Did the CTA owe a duty of care to the decedent? And if so, was this duty negated by the ‘open and obvious’ nature of the risk?

Key Points of the Supreme Court’s Ruling:

Anchoring their decision on the Restatement (Second) of Torts § 337, the Illinois Supreme Court stated that if the risk is open and obvious, a landowner or public entity might be absolved of a duty of care because individuals are anticipated to spot and sidestep such open and obvious dangers. The court’s decision hinged on the intricate requirements of section 337, which involved determining if the landowner (or in this case, CTA) believed that the individual would remain oblivious to the inherent dangers they faced. The Court determined that a train represents an open and obvious danger, and therefore it was not foreseeable to the landlord that the decedent would not see the danger or appreciate its risk. The Court determined that the CTA has no duty to the decedent.

Offering a different angle, the lower appellate court had formerly overruled the circuit court’s initial dismissal. Their justification was rooted in the premise that the CTA should have exercised due diligence, especially since the deceased was ostensibly visible to the train operators. The Supreme Court, however, found flaws in this rationale and reinstated the circuit court’s judgment. Continue reading

December 28, 2021

Chicago Residents Encouraged to Shovel Sidewalks

by Zneimer & Zneimer, P.C.

Though it has been a snow free winter so far this winter, it may be about time to find the snow shovels and salt and get ready to shovel the sidewalk. Shoveling the sidewalk in front of ones house or building is not only a considerate thing to do it is also required by law in Chicago. The Municipal Code of Chicago 4-4-310 & 10-8-180 requires that property owners and occupants of land keep their sidewalks clear of snow and ice. A five foot wide path must be created for pedestrians on sidewalks and crosswalks. Additionally, the snow that is cleared should not be into alleys, crosswalks, bike-lanes or Divvy stations. Chicago property owners must clear the snow anytime it snows. For snow at night the snow must be removed by 10 a.m. For snowfall during the day, the snow must be cleared by 10 p.m. at night. The penalty for not following the law are possible fines ranging from $50-$500. Violators can be reported by calling 311.

Ice and snow create a big fall risk for anyone using an uncleared sidewalk. The fall risk is especially acute for people who have difficulty walking, such as seniors, people with disabilities and young children. Every winter the attorneys of Zneimer & Zneimer P.C. receive numerous calls from people have been injured from a fall after slipping on ice or snow on an uncleared sidewalk or walkway. Additionally, uncleared sidewalks and walkways cause people to walk in the street which is especially dangerous since the roads will most likely be slick if there is snow and there is usually not enough room for both cars and pedestrians. The lawyers of Zneimer & Zneimer encourage everyone to shovel their sidewalks for everyone’s safety and shoveling has the added benefit of being great exercise.

February 2, 2021

Don’t Slip and Fall in the Snow

by Zneimer & Zneimer, P.C.

The weather brought us a lot of snow in Chicago, first sparkly and puffy, and now soggy and icy. Walking in snow is a risky business, as every step carries the peril of slip and fall. The ruts and the mounds of shoveled snow amplify the hazard. The accidental step in a rut or step on a transparent ice formation from melted snow mound nearby can lead to very serious injuries. Every winter brings along with the cold and snow, many injuries as a result of snow related hazards to both pedestrians and car drivers. Paying attention, driving carefully, and minimizing winter driving can decrease the chance of a snow-related car crash.

For pedestrians: wearing proper shoes, walking carefully, and watching out for ice, can decrease the risk of slip and fall. As personal injury attorneys we field a lot of calls from injured people as a result of ice and snow, and can help in some cases. The law is not kind to people who slip and fall.

Under the common law, a property owner has no general duty to clear natural accumulations of ice or snow because it is unrealistic to keep all pathways clear from snow during winter. An injured person in a slip and fall case must prove that the ice or snow is (i) an unnatural accumulation, and that (ii) the property owner knew or should have known of the condition. In addition, the injured victim must establish that the specific unnatural condition caused the slip and fall. Continue reading

May 6, 2012

Interpreters in ER Reduce Medical Errors

by Zneimer & Zneimer, P.C.

According to a study published in the Annals of Emergency Medicine, having professional translators on staff may limit miscommunications between patients and medical staff in the ER. The study found that mistakes with “clinical consequences” were twice as likely to occur if the hospital ER no interpreters or amateur interpreters to translate for the non-English speaking patient.

The study, which was conducted with primarily Spanish speaking families, found that 12 percent of translation errors could have been a potential risk to a child but when the translator was a family member or a non-professional translator the potentially risky errors went up to 22 percent. Interpreters with at least 100 hours of training were found to have the lowest error rate with only two percent of errors being potentially harmful to a child.

In one example of an error, the amateur translator told the ER medical staff that the child patient was not on any medications and was not allergic to any medications when in fact he never ever asked the mother of the child whether this was true.