Forensic Weather Analysis Supports Slip-and-Fall Ice Claim in Evanston, Illinois
AccuWeather determined that any water that collected on the sidewalk during the rain that ended approximately 48 hours before the incident had dried.
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A man clears snow from a sidewalk as a winter storm arrives Thursday, Feb. 16, 2023, in Wheeling, Illinois. (AP Photo/Nam Y. Huh)
Executive Summary
After a woman suffered injuries in a slip-and-fall on an icy sidewalk at an Evanston, Illinois, condominium complex, AccuWeather’s expert forensic meteorologists investigated whether weather conditions could have naturally produced the ice. The analysis determined that rain had ended approximately 48 hours earlier and that two days of favorable drying conditions would have eliminated any remaining water. AccuWeather concluded that the ice originated from water deposited by a non-weather-related source. The case was settled in favor of the plaintiff.
Key Takeaways
-- AccuWeather investigated whether natural weather conditions could have created ice on the sidewalk at the time of the incident.
-- Showers and thunderstorms ended approximately 48 hours before the plaintiff’s fall.
-- Two days of favorable drying conditions would have dried any rainwater remaining on the sidewalk.
-- The temperature fell to approximately 29 degrees around daybreak and rose to nearly 32 degrees by 8:30 a.m.
-- An eyewitness photograph showed ice on several sidewalk slabs while other slabs remained completely dry.
-- AccuWeather determined that the ice did not form from earlier rainfall, condensation, dew, frozen dew, or frost.
-- The ice resulted from water deposited directly onto the sidewalk by a non-weather-related source.
-- The case was settled in favor of the plaintiff.
Investigating an Icy Sidewalk in Evanston
The plaintiff sued a condominium complex after she was injured in a slip-and-fall on ice at a corner sidewalk of the property. She alleged that a hazardous icy condition caused her fall. AccuWeather Forensic Services was retained to determine whether the ice could have formed naturally from recent weather conditions.
Earlier Rainfall Had Time to Dry
AccuWeather Expert Forensic Meteorologist Robert Smerbeck determined that showers and thunderstorms ended approximately 48 hours before the incident. Favorable drying conditions followed during the two days leading up to the fall, including the entire day immediately before it.
These conditions would have dried any water left on the sidewalk by the earlier rainfall. Even if slight depressions existed in the concrete, the drying period would have prevented rainwater from remaining on the surface until temperatures fell below freezing.
Temperatures Fell Below Freezing Before the Fall
On the morning of the incident, the temperature near the property reached approximately 29 degrees around daybreak. It then rose to nearly 32 degrees by 8:30 a.m., around the time the plaintiff slipped and fell.
Although the temperature supported the freezing of water, it did not explain where that water came from. Determining the source required AccuWeather’s meteorologists to examine the precipitation history, drying conditions, atmospheric moisture, temperature changes, and physical evidence from the scene.
Photographic Evidence Supported a Localized Water Source
An eyewitness photograph showed ice on portions of several sidewalk slabs while other nearby slabs were completely dry. This uneven pattern was not consistent with widespread ice caused by rain, dew, condensation, frost, or another naturally occurring weather condition.
AccuWeather concluded that water from a non-weather-related source had been deposited directly onto the sidewalk and subsequently froze. This finding helped attorneys better distinguish between naturally occurring ice and a localized property condition.
The Outcome of the Slip-and-Fall Case
AccuWeather determined that any water produced by the rain approximately 48 hours earlier had dried before the incident. The analysis also found that the ice did not result from condensation, dew, frozen dew, or frost. The case was ultimately settled in favor of the plaintiff.
Weather Evidence Used in the Investigation
AccuWeather reviewed daily weather maps prepared by the National Centers for Environmental Prediction’s Hydrometeorological Prediction Center, climatological data from Chicago O’Hare International Airport and Chicago Palwaukee Airport, precipitation records and observations from stations across northeastern Illinois, eyewitness photography, and proprietary weather data.
Why Forensic Meteorology Matters in Slip-and-Fall Cases
Below-freezing temperatures alone do not establish when ice formed or identify the source of the water. A site-specific forensic weather analysis can help attorneys and insurers better understand whether ice developed naturally or resulted from drainage, discharge, maintenance activities, or another property-specific source.
AccuWeather’s forensic meteorologists provide objective findings, defensible reports, and clear expert explanations that help legal professionals prepare stronger cases, make better-informed decisions, and best protect their clients during settlement negotiations or litigation.
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