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How does a jury impact a case of failure to remove ice and snow?

On Behalf of | Jan 1, 2015 | Premises Liability

The failure to remove ice and snow in Illinois can cause you to slip and fall when going to a business. This is especially true if the snow has been compacted due to constant traffic, and the owner has done nothing about it. As you will see, a jury can have a huge impact on a case like this.

The most important thing to know is that the jury has to make a lot of determinations in the case, which can then impact the outcome. For example, snow can naturally accumulate while a storm is happening, and the owner then has to be given time to remove it. The jury, however, decides how long a reasonable amount of time is and when the storm officially ended.

On top of that, as with spills inside of businesses, owners are expected to take reasonable care to protect customers like you. Owners cannot assume that people can see the snow or ice and that they can avoid injury.

However, what exactly is “reasonable” care? If the owner tried to remove the snow and failed, did he or she take reasonable care by doing all that was possible, or did the owner just make a halfhearted attempt without doing enough? Odds are that you will see things one way, while the owner may see them another. The jury then has to step in and make a determination.

Any time that you see the word “reasonable” in a case, it means that there is some room for interpretation. As your case progresses, you need to know exactly what legal steps you can take.

Source: Huffington Post, “Business Liability for Snow and Ice Removal” Brad Reid, Dec. 31, 2014