Sometimes, things that may seem small can be enormously important to your injury case. For example, a recent case turned on whether or not a walkway qualified as a sidewalk or not under Illinois law. This example highlights the fact that any injury case can contain seemingly minute nuances that make all of the difference between success and defeat. To make sure that your case has a strong chance of success, be sure that you have retained the representation of a knowledgeable Chicago injury attorney.
The injury that led to the case happened when Rita slipped and fell on an area of ice near the rear of her condominium building in Chicago. Rita sued both the condo association and the property management company. Rita’s case, as supported by the testimony of her expert witness, was that the man who performed snow removal had cleared snow from the area by pushing it into tall piles, that the mound of snow began to melt in warmer temperatures, and that the water began flowing down the area’s sloped surface and re-froze when the temperatures dropped again.
The area where Rita fell looked “not very different from a standard alley in Chicago,” according to the court. The area was used by condo residents to park their vehicles and also sometimes used by residents to walk to the building’s rear entrance. The legal definition of the area was the key to the case because the crux of the condo association and the management company’s defense was that they were immune, under Illinois’ Snow and Ice Removal Act, from any lawsuit related to the removal of snow from a sidewalk abutting a property.