On December 1, 2016, the Illinois Supreme Court held that the Illinois Snow and Ice Removal Act (the “Act”), which provides immunity and limits liability for negligent removal of naturally accumulated snow and ice, does not apply to limit liability for negligently creating an unnatural condition that causes ice to accumulate.

In Murphy-Hylton v. LMS, the plaintiff-owner slipped and fell while walking on sidewalk outside her condominium unit.  Following a snowstorm, a snow removal service hired by the condominium association cleared the sidewalks. The plaintiff’s fall occurred eleven days later. The ice was allegedly caused by the drainage of water and melted snow being directed to the sidewalk because of various claimed defects in design and maintenance, including the placement of downspouts, the relative topography of the sidewalk and adjoining grass, and the slopes of the structures.

Rather than claiming that the Association negligently undertook efforts to remove a natural accumulation of snow or ice, the plaintiff alleged that the ice formed on the sidewalk in an unnatural way due to defective conditions of the property which had not been eliminated even after reasonable notice of the condition.

The Supreme Court adopted a rather narrow view of the immunity granted by the Act. The Court stated that the Act provides immunity to residential property owners from claims of liability caused by icy sidewalks which result from negligent snow and ice removal efforts, “but it does not extend to immunize them from claims of liability from injuries allegedly caused by icy sidewalks which result from an otherwise negligent failure to maintain the premises.” Thus, while an Association may be immune from liability due to improper shoveling or salting, the Court has held that an Association is not immune from liability under the Act should it allow water to pool and ice to form on a sidewalk when no snow or ice would otherwise be present.

Kovitz Shifrin Nesbit is available to assist you in determining the impact of this case on your association. Contact KSN at 855-537-0550 or visit our website at www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

This article is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By reading this article you understand that there is no attorney client relationship between you and the article author. This article should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. © 2017 Kovitz Shifrin Nesbit, A Professional Corporation.