Alert Category: Illinois
A recent Illinois Appellate Court decision held that a provision of the Snow and Ice Removal Act applies to any “sidewalk” or “walkway” that reaches or touches a residence. Bremer v. Leisure Acres-Phase II Housing Corp., 842 N.E.2d 1151 (2006). The Act states, "[a]ny owner, lessor, occupant or other person in charge of any residential property,... who removes or attempts to remove snow or ice from sidewalks abutting the property shall not be liable for any personal injuries allegedly caused by the snowy or icy condition of the sidewalk resulting from his or her acts or omissions unless the alleged misconduct was willful or wanton." 745 ILCS 75/2 (West 2002). The court in Bremer held that this provision applies not only to public sidewalks that border residential property, but also to any “sidewalk” or “walkway” that reaches or touches a residence.