A few weeks ago the entire Midwest region was hit by a crushing snowstorm that closed the doors to most businesses in the greater Chicago-land area. If you are a homeowner and/or business owner of property located in the City of Chicago, you might have noticed ads on garbage cans and bus stations that advise you of your obligation to clear snow from the City owned sidewalks adjacent to your homes and businesses. The obligation to do so is found in Chicago Code of Ordinance 4-4-310 & 10-8-180.
In doing so, the City has again attempted to shift its burden on home and business owners to make its property safe. But beware, there is more to it than getting out there and shoveling snow. Although the Chicago Code of Ordinance also expressly holds that an owner may not be subject to civil liability if it fails to remove the snow, an exception exists if such conduct is willful and wanton. Generally, where a person trips and falls on a sidewalk where the sidewalk itself was defective, either by a large enough crack or depression, and the City knew about the defect, the City could be held liable for the failure to remedy the defect. However, because the homeowner and/or business owner has an obligation to remove the snow adjacent to its property, it is at least conceivable that the homeowner and/or business owner too might be held liable for injuries sustained due to the failure to remove snow if it can be shown that same engaged in willful or wanton misconduct. 10-8-190. The City could be tempted to argue that the owner was aware of a certain dangerous condition, that the owner acted with reckless disregard for the safety of others by failing to expose the defective condition, and that as a result the owner concealed an open and obvious danger, and thus should share, at least in part, the liability to the injured person(s).
Remember, if you have a duty to perform, either by law or statute, it is important to fulfill your duties as a reasonably prudent person would. The City of Chicago has a website on how it believes you should perform these obligations:
— David H. Latarski
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