One type of slip and fall case is slipping on snow and ice, and some people may believe that they can sue the homeowner of a house in front of which they slipped on unshoveled snow or ice. However, this is not the case, mainly due to Illinois’ “Natural Accumulation” rule, which fails to prove one essential component of proving a slip and fall case.
A slip and fall case requires the plaintiff to prove negligence existed. Negligence exists only when it is proven that there is a duty owed by the property owner to the victim, the owner breached that duty, and the victim suffered injuries and/or damages as a result. The natural accumulation rule goes against the first standard of establishing that you were owed a duty, as it says that the property owner owes no duty to people who slip due to a natural accumulation on their property, such as snow or ice. They did not put that hazard there, so they are not responsible for it.
Property owners may be responsible for accidents involving snow or ice when they attempt to remove it and do so negligently. Perhaps they tried to clean the snow/ice, which formed an artificial accumulation that caused someone to slip and fall. The owner created that hazard, so they could be held liable in that case.
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