State Supreme Court Digs Out Ruling On Snow Shoveling Liability

By Stephen Gossett in News on Dec 27, 2016 7:50PM

The Neighborly Thing To Do by Chuck Sudo

For property owners, shoveling the public pathway in front of your residence clear of snow isn’t just good civic practice, it’s the law, too. But there is some latitude in terms of how liable an owner can be held, the state high court ruled this month.

The Illinois Supreme Court ruled unanimously that the Snow and Ice Removal Act—which was passed more than 30 years ago—provides property owners legal cover if someone spills on an icy sidewalk because the owner’s good-faith shovel/salt game wasn’t up to par. The law was intended to prevent property owners from getting into legal complications for not administering the perfect shovel job.

Nevertheless, property owners can very much be on the hook for accidents or hazards that stem from “unnatural accumulations.” What the hell is an “unnatural accumulation?” you ask? Aren’t even nasty accumulations “natural?”

Not exactly. The case before the court actually stemmed from a 2011 incident in which a woman fell on ice allegedly caused by a crummy drainage system on the offending property.

“The Snow and Ice Removal Act provides immunity to residential property owners from claims of liability for injuries allegedly caused by icy sidewalks that result from negligent snow and ice removal efforts, but it does not extend to immunize them from claims of liability for injuries allegedly caused by icy sidewalks that result from an otherwise negligent failure to maintain the premises,” wrote Justice Mary Jane Theis.

So if you make an honest shoveling effort, you should be good. Just be sure there’s no weird dilapidation that compounds the slickery buildup.

If you rent, rather than own, the City's Sidewalk Snow Removal guidelines recommend tenants "consult your rental agreement, lease agreement, or management company to determine your shoveling obligation."