Spoke to a client today wanting to file suit for 2 wrist fractures she suffered after falling on ice in a condo complex. The ice was from melting icicles hanging off a nearby gutter. Under Illinois law, typically the injured party cannot recover for injuries suffered as a result of a natural accumulation of ice and snow. So...question becomes is the ice formed on a driveway as a result of a melting icicle hanging off a nearby gutter a natural accumulation? My kneejerk reaction is no, but additional research will be necessary.
The plaintiff is in her early 70's which would allow me to get a trial preference under the Illinois Code of Civil Procedure 735 IlCS 5/2-1007.1, which is a plus. Unfortunately, Medicare paid a portion of her bills, which typically means a long delay in getting lien resolution in the event there was some sort of recovery. I'll check on the natural accumulation question and report in subsequent posts.
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