Slipped on Ice or Snow: Can You Sue?
Sometimes, but falls on ice and snow are governed by state law and the rules differ a lot. Several states do not hold owners responsible for snow and ice that builds up naturally unless the owner made it worse, many give owners until a reasonable time after a storm ends, and many cities and counties are immune from snow-and-ice claims or require quick written notice. Who must clear a public sidewalk (the city or the owner next to it) also depends on state and local law. The examples below are labelled by state; check your state's slip and fall and sidewalk fall pages for the rule where you fell.
What the law says
- Example (Illinois): Illinois follows a 'natural accumulation' rule. The official pattern jury instruction commentary says an owner generally is not liable for injuries from natural accumulations of snow and ice, but may be liable if the owner aggravated the condition or turned a natural condition into an unnatural one (for example, ruts in an ice-covered sidewalk where the defendant directed all traffic onto that path). Illinois Pattern Jury Instructions (Civil) No. 120.08 Comment (citing Harkins v. System Parking, Inc., 186 Ill. App. 3d 869 (1st Dist. 1989); Endsley v. Harrisburg Medical Center, 209 Ill. App. 3d 908 (5th Dist. 1991))
- Example (Ohio): under Ohio court decisions, a homeowner has no common-law duty to remove or reduce a natural accumulation of ice and snow on private sidewalks or walkways, or to warn visitors of it. Business owners ordinarily owe customers no such duty either, but the Supreme Court of Ohio has recognized liability where the owner had notice that the natural accumulation was substantially more dangerous than visitors should have expected from general conditions in the area. Brinkman v. Ross, 68 Ohio St.3d 82, 1993-Ohio-72 (discussing Debie v. Cochran Pharmacy-Berwick, Inc., 11 Ohio St.2d 38 (1967))
- Example (Delaware): a business owner or occupier must keep the premises, including sidewalks and entry ramps, reasonably safe from natural accumulations of ice and snow, and merely warning customers is not enough. Under the 'continuing storm' rule, the owner may wait until the snowfall ends and a reasonable time afterward before acting. Delaware Superior Court Civil Pattern Jury Instructions § 15.11 (2025 ed.)
- Example (New Jersey): under the state's official model jury charge, a residential owner does not have to clear natural snow and ice from the public sidewalk in front of the home, but is liable if clearing it negligently creates a new or greater hazard. A commercial owner must use reasonable care to keep the abutting sidewalk reasonably safe, which may require removing snow and ice within a reasonable time after a storm, but has no duty to clear it during an ongoing storm unless its own actions increased the risk or a hazard existed before the storm. N.J. Model Civil Jury Charge 5.20B (rev. 01/2025); N.J.S.A. 59:4-7
- Example (Iowa): for public sidewalks, the owner of the property next to the sidewalk must remove natural accumulations of snow and ice within a reasonable time and may be liable for failing to use reasonable care in removing it. A city's general duty to keep sidewalks in repair does not include removing natural snow or ice, except where the city itself is the abutting owner. Iowa Code § 364.12(2)(b)
- Example (Connecticut): a town or city may adopt an ordinance under which it is not liable for injuries from ice or snow on a public sidewalk (unless it owns or controls the abutting land, or for its own affirmative acts). The owner or person in control of the abutting land then has the town's duty of care for snow and ice on that stretch of sidewalk, and a suit against that owner must be brought within two years. Conn. Gen. Stat. §§ 7-163a, 52-557n(b)(3)
- Example (New York City): according to NYC DOT, property owners are responsible for maintaining the sidewalks next to their property, including clearing snow, ice and debris, and are potentially liable for personal injuries caused by failing to maintain the sidewalk. NYC Admin. Code §§ 7-210, 19-152 (as described by NYC DOT)
- Example (Massachusetts): for injuries on private premises or an adjoining way caused partly by snow or ice, the injured person must give the owner written notice of the name and residence of the person injured and the time, place and cause of the injury within 30 days. Failing to give notice is not a defense unless the owner proves it was harmed by the lack of notice. Separately, a county, city or town is not liable for an injury on a public way caused by snow or ice if the place was otherwise reasonably safe for travelers. G.L. c. 84, §§17, 18, 21
- Example (Minnesota): cities and other municipalities are immune from claims based on snow or ice on a highway or public sidewalk, unless the sidewalk abuts a publicly owned building or publicly owned parking lot, or the municipality's own negligent acts affirmatively caused the condition. Minn. Stat. §466.03, subd. 4
- Example (North Dakota): a city is not liable for injuries from snow and ice built up on its sidewalks unless its executive officer, governing body, police officer or marshal had actual knowledge of the dangerous condition at least 48 hours before the injury, and it is never liable for injuries caused merely by a slippery sidewalk or crosswalk due to frost or loose snow. N.D. Cent. Code § 40-42-05
- Example (Wisconsin): no lawsuit may be brought against a city, village, town or county for injuries caused by snow or ice on a bridge or highway unless the accumulation had existed for 3 weeks, and such claims are subject to the general notice and damage-limit rules for claims against local governments. Wis. Stat. §§ 893.83, 66.0907(5)
- Example (West Virginia): cities, counties and other political subdivisions are immune from losses caused by snow or ice or other temporary weather conditions on any public way or public place, unless the condition was affirmatively caused by the political subdivision's negligent act. W. Va. Code § 29-12A-5(a)(6)
FAQ
If I slip on ice on someone's property, is the owner automatically responsible?
No. In some states an owner generally is not liable for snow and ice that accumulates naturally. For example, Illinois' pattern jury instruction commentary describes a 'natural accumulation' rule with an exception when the owner aggravated the condition, and Ohio's Supreme Court has said homeowners have no common-law duty to clear natural ice and snow from private walkways. Other states, such as Delaware for business premises, require reasonable care. The rule depends on your state; see your state's slip and fall page.
Does a business have to clear snow while it is still snowing?
Often not. Delaware's pattern jury instructions describe a 'continuing storm' rule that lets the owner wait until the snowfall ends and a reasonable time afterward. New Jersey's model jury charge says a commercial owner has no duty to clear an abutting sidewalk during an ongoing storm unless its own actions increased the risk or a hazard existed before the storm. Other states may differ.
Who is responsible for an icy public sidewalk in front of a house or business?
It depends on state and local law. In Iowa the abutting owner must remove natural snow and ice within a reasonable time. In New Jersey a residential owner generally does not have to clear it, but a commercial owner may have to. In New York City, NYC DOT says owners must clear snow, ice and debris from the sidewalk next to their property. In Connecticut, a town ordinance can shift the duty to the abutting owner. See your state's sidewalk fall page.
Can I sue the city if I fell on an icy public sidewalk?
Many states limit these claims. Minnesota makes municipalities immune from snow and ice claims on public sidewalks with narrow exceptions; North Dakota requires proof that city officials had actual knowledge at least 48 hours before the fall; West Virginia gives immunity unless the government affirmatively caused the condition. Claims against local governments also usually require written notice within a short time, for example 90 days in New York for cities, counties, towns and villages. See the notice-of-claim deadlines by state table.
Do I have to notify the owner after falling on snow or ice?
In Massachusetts, for injuries on private premises caused partly by snow or ice, written notice of the name and residence of the injured person and the time, place and cause of the injury must be given to the owner within 30 days, though missing it is not a defense unless the owner shows it was harmed. Other states have different rules, and claims against governments have their own notice deadlines.
What if I was partly at fault, for example wearing the wrong shoes?
Most states reduce or bar recovery based on the injured person's own share of fault, and the rule differs by state. For example, in Illinois a plaintiff whose fault is more than 50% of the cause recovers nothing, and a plaintiff at 50% or less has damages reduced by his or her share of fault.
Related
- Fell Down Stairs on Someone's Property: Who Is Liable?
- Fell at Your Apartment Complex? When the Landlord Is Liable
- How Much Does a Personal Injury or Car Accident Lawyer Cost?
- How Much Does a Slip and Fall Lawyer Cost?
- Injured Because a Landlord Didn't Make Repairs: Your Rights
- Fell in a Parking Lot: Who Is Responsible?
- How Long Do You Have to File a Slip and Fall Claim?
- Slipped and Fell in a Store or Grocery Store? Who Is Responsible
- Tripped on a Broken or Uneven Sidewalk: Who Pays?
- Slipped on a Wet Floor: When the Property Owner Is Liable
- What Is a Statute of Limitations?
- What Is Medical Malpractice?
- What Is Premises Liability? Slip and Fall Law Explained
- What to Do After a Car Accident
- Personal Injury & Wrongful Death by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.