Can I Sue an Apartment Complex or Landlord for Injuries I Suffered on the Property?

 Posted on July 10, 2021 in Premises Accidents

Apartment living certainly has its advantages. However, one major disadvantage of living in an apartment or rental house is that the tenant has little control over the property’s upkeep. When a landlord fails to keep a rental property in a reasonably safe condition and a tenant is harmed as a result, the tenant may be able to sue the property owner for damages. The tenant may be entitled to compensation for medical bills, lost wages caused by missed work, pain and suffering, and more.

Injuries Caused by Negligent Landlords

Whether a landlord is an individual or a company, the landlord owes tenants a legal “duty of care.” The landlord has an obligation to keep the premises free of obvious hazards that could cause injury. If a landlord fails to uphold this duty and a tenant is injured or killed as a result, the landlord may be liable for damages. Some common examples of unsafe conditions include:

• Failing to install working smoke detectors or ensure the property has adequate fire escapes
• Inadequate security measures such as broken locks
• Poor lighting
• Broken stairs
• Missing handrails
• Broken or dangerous balconies
• Building code violations
• Not removing snow and ice from the property per the lease agreement
• Parking lot defects
• Electrical hazards
• Unsafe elevators or escalators
• Dangerous conditions in the swimming pool are
• Plumbing issues or leaks

When Is a Landlord Liable for a Tenant’s Injury in Illinois?

Obviously, landlords and apartment complexes cannot prevent every injury that occurs on the property. The four main components in a successful premises liability case include:

• Duty – The landlord had a legal obligation
• Breach of duty – The landlord failed to uphold the duty
• Causation – The tenant’s injury was caused by a breach of duty
• Damages – The tenant’s injury led to damages such as medical bills

Often, the question of legal responsibility for a tenant’s injury comes down to the foreseeability of the accident or injury. Consider a situation in which a landlord knows that the front door to the apartment complex is broken and the apartment is in a high-crime area. If a tenant is harmed in an assault, it could be argued that the landlord should have known an incident like this was bound to occur.

Contact an Aurora Personal Injury Lawyer

If you or a loved one were harmed in an apartment or rental property, contact a Kane County premises liability attorney to discuss your legal options. You may be able to hold the landlord accountable for the injury and recover compensation through a premises liability claim. Call Kinnally Flaherty Krentz Loran Hodge & Masur P.C. at 630-907-0909 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57