The Snow Removal Service Liability Limitation Act (P.A.099-0889) changes the relationship between snow removal contractors (“service providers”) and those who contract with them (“service receivers”). In the past, snow removal contracts shifted liability one way or the other - typically requiring the service provider to assume the risk - and enabled a property owner/operator to contract away its liability and defense costs for injuries related to winter weather problems on property. This new Act renders these absolute liability-shifting provisions “void”. Specifically, the Act voids snow removal / ice control services contracts that require the service provider to indemnify, defend, or hold harmless the service receiver from damages resulting from the acts or omissions of the service receiver. Likewise, the Act voids those contracts that require the service receiver to indemnify, defend, or hold harmless the service provider from damages resulting from the acts or omissions of the service provider. The Act applies to snow removal and ice control services contracts entered into on or after 8/25/16, but does not apply to contracts concerning public roads, public bodies, and public utilities. EDITORS NOTE: This Act does not prohibit additional insured contract requirements. The Act is similar to the Construction Contract Indemnification for Negligence Act, which voids construction contract provisions purporting to indemnify or hold harmless another person from their own negligence. Consultation with counsel familiar with this Act is imperative to ensure that contracts entered into after the Act’s effective date are not rendered void.
Leahy, Eisenberg & Fraenkel, Ltd. is pleased to announce that two of its partners, Robert Ostojic and Scott Wing, were recently included on the 2016 Illinois Super Lawyers® list.
