You Can’t Be Sued For Shoveling Snow
Seems like every winter I run across a couple people, in real life or online, who believe that the law will punish you for shoveling your sidewalk. The myth generally goes like this: If snow falls on your sidewalk, it’s an act of God and someone who slips and falls can’t sue you, but if you shovel it, you’ve lost that protection and you are now liable for others’ injuries.
None of that is true; bottom line is that the law throughout Illinois encourages you – and in Chicago requires you – to shovel your sidewalk. Here’s the rundown.
In 1979 Illinois passed the Snow and Ice Removal Act. This law says that landowners who clear snow and ice are not liable for injuries that result from the weather conditions. But it doesn’t go so far as to require people to clear snow and ice; it just protects them from lawsuits if they do.
Then in 2016, the Illinois Supreme Court pushed the boundary a little farther. In a case that arose out of the “snowmaggedon” blizzard of early February 2011, the Supreme Court ruled that landowners do have a duty to remove “unnatural” hazards that arise from wintry conditions. In that case, a woman slipped and fell on a patch of ice that formed and re-formed several times because the sidewalk wasn’t graded properly where it met the grass. The management company for the condo complex where the woman lived didn’t do a good enough job clearing those conditions, and they were liable for her injuries.
All that means there is a little bit of a requirement to clear certain wintry conditions, even if you don’t live in Chicago proper. But if you do, you definitely have to shovel. The city requires you to clear a 5-foot path on your sidewalks, the same day the snow falls or by the next morning if it falls overnight.
Complicating the matter is that all of this is just one factor in any personal injury lawsuit. You might read about a case where a landowner shoveled and still lost a lawsuit, or where they didn’t and won, but I guarantee you that there are other factors at play in those cases.
So, clear as the muddy snow that collects underneath your car, right? Let me make it easy for you:
Shovel your sidewalk when it snows. It’s a nice thing to do for your neighbors. Besides, you can’t be sued just because you shoveled, you might actually protect yourself from lawsuits by shoveling, and if you live in Chicago it’s the law.
And if you do slip and fall because someone couldn’t be bothered to properly clear their snow, after you get yourself patched up, get in touch to see what your options are. Conversely, if you did your best to clear your snow and someone is trying to sue you, talk to me about that as well.
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