02

Blog

Snowplows and cyclists

Illinois Municipalities May Be Held Responsible Where Snow Removal Forces Cyclists and Pedestrians Into The Street

As Illinois bicycle lawyers, we handle all issues involving cyclists, including those caused by snow.  In breaking news, Illinois municipalities may be held liable for injuries to pedestrians and bicyclists forced into the street by snow piled onto sidewalks and bike lanes by city plows, according to the Illinois Appellate Court.  The ruling in Pattullo-Banks v. The City of Park Ridge, 2104 Ill App (1st) 132852 was issued on September 4th and overturned an order entered by Cook County Judge Lynn Egan dismissing the plaintiff’s lawsuit against the city.

In her lawsuit, Lorraine Pattullo-Banks alleged that as she walked on a sidewalk along Touhy Avenue in Park Ridge, Illinois she encountered a pile of snow and ice that obstructed her path.  Her claim alleged that city snowplows created the pile when they moved snow which had accumulated on the street onto the sidewalk.  In order to reach her destination she had to walk into the street, at a place where there was no crosswalk, and was struck by a car.  Her lawsuit against the city of Park Ridge alleged that in creating the sidewalk obstruction the municipality violated the duty it owed to her and others to maintain its property in a reasonably safe condition.  The municipality sought dismissal of the lawsuit under section 3-102(a) of the Local Governmental and Governmental Employees Tort Immunity Act which provides that local municipalities only owe a duty to intended and permitted users to keep its property reasonably safe.  Ms. Pattullo-Banks was struck and injured in the street, outside of a crosswalk, a place that is not intended for use by pedestrians.  It is well established in Illinois that pedestrians are not intended users of the street outside of a crosswalk.  But, Ms. Pattullo-Banks argued, the dangerous condition of which she complained was not in the street but on the sidewalk, certainly a place intended for use by pedestrians.  Given that context Park Ridge should not be able to avail itself of the protections of the Tort Immunity Act.  The appellate court agree with her and reinstated her case.  In so doing the Court stated:

“[Ms.] Pattullo-Banks’ status as an intended or permitted user — and whether immunity applies — must be determined based on the property where [the] alleged breach of duty occurred (the sidewalk), not the property where the injury occurred (the street), and not the mechanism of injury (i.e., whether she was struck by an automobile or tripped on a defect).”

It is important to note that the Court did not rule on whether the city of Park Ridge acted negligently in creating the obstruction. It merely held that the plaintiff, Ms. Pattullo-Banks, had a right to have a jury consider that issue.  Park Ridge was not entitled to have the case dismissed before a jury could consider the facts.

The implications of this ruling are significant.  Where a municipality in Illinois clears snow in the street at the expense of sidewalk users, forcing them to face danger by entering the roadway instead, it may be held liable where injury results.  Also, while the Pattullo-Banks case involved a pedestrian, there is no reason to believe that the Court’s reasoning would not also apply to a bicyclist. For example, a municipality may be held liable where a cyclist is injured after being forced to exit a bike lane and enter the street due to the piling of snow by city plows clearing way for motor vehicle traffic.  Last winter, a particularly snowy one, the City of Chicago frequently moved snow from Kinzie Street into the bike lane near the Merchandise Mart often forcing cyclists out of the lane and into the street.

Municipalities in Illinois are now on notice that snow removal is not for motor vehicles, but for all people.  If they favor cars and trucks at the expense of pedestrians and cyclists they may be held responsible where harm results.

Comments

Atlanta Slow Roll
Bruce Hagen Apr 18, 2019

Bike Law Ambassador Niklas Volmer and Bike Law Georgia client Jordan Streiff have had enough of the City of Atlanta’s lip service and hypocrisy when it comes to building out meaningful bike infrastructure and decided it was time to do something about it. For some context, the City of Atlanta has promised to invest $250,000,000 […]

Read More
Danny Feldman Apr 17, 2019

ALABAMA BICYCLE LAWS It’s important to know your legal rights (and duties) when bicycling in Alabama. It is especially important after a bicycle accident (we call them bicycle “crashes” and explain why here). For any questions about the State’s bike laws, or about your rights to the road, contact attorney Danny Feldman directly. Right to […]

Read More
Rick Bernardi Apr 16, 2019

From the beginning, the Bike Law Network has had a singular focus—helping cyclists who have been injured find justice. Well, what’s so special about that? Lots of lawyers take bicycle accident cases. But the Bike Law Network is different—the lawyers in the network are cyclists themselves, and they’re passionately committed to protecting the rights of […]

Read More
Bike Walk Macon, Georgia
Bruce Hagen Apr 11, 2019

Rachel Hollar is the energetic spark behind the success of Bike Walk Macon, the leading advocacy group in the Macon-Bibb County area.   I recently had a chance to catch up with Rachel to discuss how cycling culture has changed in the Macon area since Rachel founded Bike Walk Macon in 2015.    Back in 2015, […]

Read More
Charlie Thomas Apr 11, 2019

LOUISIANA BICYCLE LAWS It’s important to know your legal rights (and duties) when bicycling in Louisiana. It is especially important after a bicycle accident (we call them bicycle “crashes” and explain why here). For any questions about the State’s bike laws, or about your rights to the road, contact attorney Charlie Thomas directly. Right to […]

Read More
Amy Benner Johnson Apr 10, 2019

TENNESSEE  BICYCLE LAWS It’s important to know your legal rights (and duties) when bicycling in Tennessee. It is especially important after a bicycle accident (we call them bicycle “crashes” and explain why here). For any questions about the State’s bike laws, or about your rights to the road, contact attorney Amy Johnson directly. Right to […]

Read More
Ann Groninger Apr 10, 2019

NORTH CAROLINA BICYCLE LAWS It’s important to know your legal rights (and duties) when bicycling in North Carolina. It is especially important after a bicycle accident (we call them bicycle “crashes” and explain why here). For any questions about the State’s bike laws, or about your rights to the road, contact attorney Ann Groninger directly. […]

Read More
Brian Weiss Apr 10, 2019

COLORADO BICYCLE LAWS It’s important to know your legal rights (and duties) when bicycling in Colorado. It is especially important after a bicycle accident (we call them bicycle “crashes” and explain why here). For any questions about the State’s bike laws, or about your rights to the road, contact attorney Brian Weiss directly. Right to […]

Read More
Bruce Hagen Apr 10, 2019

GEORGIA  BICYCLE LAWS It’s important to know your legal rights (and duties) when bicycling in Georgia. It is especially important after a bicycle accident (we call them bicycle “crashes” and explain why here). For any questions about the State’s bike laws, or about your rights to the road, contact attorney Bruce Hagen directly. Right to […]

Read More
Bryan Waldman Apr 10, 2019

MICHIGAN BICYCLE LAWS It’s important to know your legal rights (and duties) when bicycling in Michigan. It is especially important after a bicycle accident (we call them bicycle “crashes” and explain why here). For any questions about the State’s bike laws, or about your rights to the road, contact attorney Bryan Waldman directly. Right to […]

Read More
Lauri Boxer-Macomber Apr 10, 2019

MAINE BICYCLE LAWS It’s important to know your legal rights (and duties) when bicycling in Maine. It is especially important after a bicycle accident (we call them bicycle “crashes” and explain why here). For any questions about the State’s bike laws, or about your rights to the road, contact attorney Lauri Boxer-Macomber directly. Right to […]

Read More
Joe Piscitello Apr 05, 2019

PENNSYLVANIA BICYCLE LAWS It’s important to know your legal rights (and duties) when bicycling in Pennsylvania. It is especially important after a bicycle accident (we call them bicycle “crashes” and explain why here). For any questions about the State’s bike laws, or about your rights to the road, contact attorney Joey Piscitello directly. Right to […]

Read More
Load More