It’s that time of the year again. No, not the holidays. Time to review what happens when a person takes a nasty fall on snow or ice. Despite the unseasonably warm weather, it’s only a matter of time before snow begins to fall and people right along with it.
The Illinois Appellate Court released a new decision reminding everyone of when a person can or cannot sue a land owner for taking a nasty spill. In Dan Gore v. Pilot Travel Centers (2021 IL App (1st) 210176), the Plaintiff sued for snow and ice the Plaintiff argued was not sufficiently removed. The Court ruled in favor of the Defendant all the trial level and again at the Appellate level.
The Plaintiff pursued the “voluntary undertaking theory” that argues a land owner is liable if the voluntarily try to clear a sidewalk of snow. However, the Court ruled the Defendant would need to provide proof the Defendant’s made things worse.
The Court went on to say, “Defendant’s voluntary ice and snow removal efforts did not impose a duty on defendant to ensure that its sidewalks were completely clear of all ice,” the court ruled. “Defendant only had the duty not to increase the risk of harm to its customers by creating an unnatural accumulation of ice on its property.”