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Slip and Falls in City of Chicago...

Discussion in 'Business Fundamentals' started by ARG Inc., Sep 13, 2010.

  1. ARG Inc.

    ARG Inc. Junior Member
    Messages: 12

    Is anyone familiar with this municipal code? How does this code apply to the contractor? Thanks in advance...

    Chicago Municipal Code 10-8-19010-8-190 Liability for civil damages.
    Any person who removes snow or ice from the public sidewalk or street, shall not, as a result of his acts or omissions in such removal, be liable for civil damages. This section does not apply to acts or omissions amounting to willful or wanton misconduct in such snow or ice removal.
  2. Sawboy

    Sawboy PlowSite.com Addict
    Messages: 1,560

    I plow in Chicago and was successfully sued for "improper snowplowing". Meaning the clumsy b!tch crossed thru the vacant lot NEXT to where I was plowing rather than walk the 90* angle of sidewalks. She then climbed over my piled snow, fell down, broke her ankle and sued me for 25 grand for lost wages, medical and pain & suffering. I lost and had to settle out of court. Get insurance, cuz even when THEY ARE WRONG, they'll win!
  3. ARG Inc.

    ARG Inc. Junior Member
    Messages: 12

    Thank you for your post Sawboy. We do carry insurance for exactly the reason you described. Did this incident happen within the city limits? I'm trying to figure out what exactly this code applies to if the contractor performs his duties without negligence or misconduct and can still be sued.... Also what exactly was their basis for "improper snowplowing"?
  4. Sawboy

    Sawboy PlowSite.com Addict
    Messages: 1,560

    Sure did. Happened right near Belmont and Harlem.
  5. matter

    matter Junior Member
    Messages: 15

    i wonder if that is a "city of chicago" ordinace or a state law? but its crazy how stupid people are, and so quick to blame someone else for their actions, i had a slip and fall last year in the subburbs, there was still salt and calcium in the lot 4 days later, we didn't tell the lady she had to walk right there, nothing ever happened with that, but tough break man, sorry to hear that.........
  6. ARG Inc.

    ARG Inc. Junior Member
    Messages: 12

    @Matter - This is a "City of Chicago" ordinance. I'm not sure how how new this ordinance is as it was only brought to my attention recently.

    @Sawboy - When you went to court what was the other party's basis for "improper snowplowing"?
    Last edited: Sep 14, 2010
  7. TCLA

    TCLA 2000 Club Member
    Messages: 2,692

    We'll see every Moe, Larry & Curly doing this work without liability attached. Pricing would really tumble downward.....
  8. cjwoz

    cjwoz Senior Member
    from CHICAGO
    Messages: 129

    That ordinance is meant to protect the home owner shoveling the city walk in front of their house and the clearing of street to get their car out. It doesn’t protect any contractor!!!
  9. Pushin 2 Please

    Pushin 2 Please PlowSite Veteran
    Messages: 4,559

    BINGO!!!!! Its like a Good Samaritan Law.
  10. ARG Inc.

    ARG Inc. Junior Member
    Messages: 12

    Appreciate the replies everyone. Wish you all a successful season.....
  11. Flipper

    Flipper PlowSite.com Addict
    from CT
    Messages: 1,180

    My in-laws live in Northbrook, IL and they never shovel the sidewalks because of such laws. Backwards to me. Around here you have to clear your sidewalk if you have one, otherwise you can get cited by the town.
  12. Sawboy

    Sawboy PlowSite.com Addict
    Messages: 1,560

    Correct, it's a good samaritan law designed to protect the home owner, not the professional.

    ARG, I did not go to court. Because the snow was adjacent to a vacant lot, it was argued that I should have piled it all in one spot, as opposed to forming "A wall, that pedestrians could not pass over". Um......THAT'S WHAT THE SIDEWALKS ARE FOR!!!!! And there was an accessible sidewalk 10' from where she fell by the way. The mini mall was "L' shaped so the northeastern storefront sidewalk ended at the vacant lot.

    Fact is, she just didn't want to walk the 90* angle on the sidewalks around the vacant lot. She was lazy and tried to climb my "wall" which was 5' high. F'in ridiculous, but it cost me $1,000 plus attorney, the building management group paid $7500 and the property management group got hit for $1500. So basically, she made 10 grand for being a lazy b!tch.

    Oh, and I lost my biggest client. Yeah, it was REAL nice!
    Last edited: Sep 14, 2010