Illinois Lawyer Referrals and Legal Guidance
Landlord Liability When You Are Hurt on Their Property
Findgreatlawyers.com is a free service, run by Illinois lawyers, to find the right attorney for your case. We help with all areas of Illinois law including personal injury cases. Every injury attorney we recommend works on a contingency basis which means that there is no fee unless your case is successful. If you would like our help in finding a lawyer or have questions about finding an attorney, please contact us at (312) 346-5320. We are based in Chicago, but help everywhere in Illinois. If you have an injury from someone else’s negligence we surely know a good lawyer in your area. For more information on the liability a landlord has when you are hurt on their property please read on.
Landlord liability is one particular instance of general premises liability. Normally, it is more difficult to show that a landlord was negligent when someone suffers an injury inside a leased area, like an apartment, as opposed to a common area like sidewalks or stairs. The person leasing the space has control over it on a daily basis, while the landlord may be unaware of problems or hazards, especially when they develop after the tenant signs the lease and moves in.
You may be able to establish liability for the landlord if you can show that (1) a latent defect existed at the time the lease was signed, (2) the landlord knew or should have reasonably known about the defect, and (3) the tenant could not have discovered the defect through a reasonable examination. You may also be able to establish liability for the landlord if you can show that the landlord fraudulently concealed from a tenant a known dangerous condition.
One other situation in which a landlord may be liable is when he promises the tenant that he will repair the premises at the time of the leasing, and then he later fails to repair it. If a landlord voluntary undertakes to make repairs or improvements on his property, then he must use reasonable care in doing so. In summary, six things must all be proven to hold a landlord liable:
- The landlord was responsible for maintaining the part of the property causing the injury.
- The landlord failed to take reasonable steps to avoid the injury.
- Fixing the problem or giving adequate warnings would not have been unreasonably costly or difficult.
- It was likely that a serious injury would occur if the landlord did not fix the problem.
- The landlord’s negligence was the cause of the injury.
- The victim was genuinely hurt.
Landlords should also carry some insurance in order to protect against lawsuits and other events such as storms, fires, burglary, and vandalism. Illinois does not legally require landlords to have insurance, but it’s definitely a good idea. A comprehensive general liability (“CGL”) policy provides liability insurance, which covers injuries suffered as the result of defective conditions on the premises. It also covers lawyers’ bills when defending against personal injury lawsuits.
Generally, in Illinois, landlords have no obligation to shovel snow or remove ice from walkways and stairs. Anything that naturally accumulates is not the landlord’s responsibility. On the other hand, if a landlord shovels snow poorly or allows ice to accumulate due to something unnatural, like a leaky gutter, then she is liable for any slip and fall injuries that occur as a result. Landlords do, however, have a duty to maintain their property in a safe condition and many court cases have resulted in wins for injured parties when there was a reasonable amount of time to shovel and nothing was done.
While landlords have no duty to remove snow under Illinois state law, some local municipalities require property owners to clear public walks around their building and walkways that postal employees or delivery people use to access the building. Chicago requires owners to remove snow within 3 hours after it stops snowing or until 10 am the next day.
Falls are the number one cause of fatal injuries among the elderly according to the Centers for Disease Control and Prevention so no matter what the law may be it is likely a good idea to shovel and place salt down after a storm.
If you have an injury from a fall or accident on someone else’s property whether it is your landlord or a property you were visiting, please contact us for an injury attorney referral.
Since 2001 findgreatlawyers.com has been the leading resource for finding slip and fall lawyers and attorneys for other premises liability accidents. We have helped thousands of people including many in the communities of Chicago, Waukegan, Aurora, Schaumburg, Urbana, Peoria, Springfield, Evanston, Joliet, Orland Park, Bolingbrook, Wheaton, Naperville, St. Charles, Oswego and McHenry. See for yourself why access to our site is like having an attorney in the family.