Tenant or guest injuries are serious matters. In Illinois, your landlord has a legal duty to keep the property safe for you and other renters. If you get hurt because your landlord neglects this responsibility, the state’s premises liability law holds them accountable for damages.
If you’ve experienced injuries due to your landlord’s carelessness, reach out to Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042. An attorney will investigate your situation to find evidence of fault and recoverable damages.
Landlord Responsibilities for Property Safety in Naperville Rentals
In Naperville, Illinois, if you rent a property, your landlord has legal obligations to maintain the safety of the premises for both tenants and visitors. These responsibilities come from Illinois’ Premises Liability law, which governs situations where injuries occur on someone else’s property. Under premises liability law, landlords have the following duties:
Maintaining Safe Premises
Your landlord must keep the property in a reasonably safe condition. This responsibility includes addressing safety issues within your rented unit and in shared areas, such as hallways, stairwells, and parking lots.
Duty to Warn
If there are dangerous conditions present that aren’t immediately obvious or easily noticeable, your landlord is required to inform you about them. It’s their duty to ensure you are aware of risks that could cause harm.
Addressing Known Hazards
When landlords are aware of a hazardous condition, they are expected to take reasonable steps to either repair the issue or implement measures to protect you and others from getting hurt. For example, this might involve fixing a broken staircase, putting up warning signs, or carrying out necessary repairs.
Landlords are expected to anticipate dangers and take proactive measures to prevent accidents. They should not simply wait for a tenant injury to occur before taking action to address hazards.
Security Measures
While it’s generally true that landlords aren’t responsible for protecting tenants from crimes committed by others, they can be held accountable if they fail to provide promised security features or if an incident was foreseeable due to inadequate security. Cases of negligence in security may arise from issues such as poor lighting, insufficient surveillance, broken locks, or ineffective alarm systems.
Common Hazards That Lead to Tenant or Guest Injury Claims
In Illinois, injuries to tenants or guests frequently arise from premises liability concerns. Common issues include slip-and-fall accidents, insufficient security measures, and poor maintenance practices. Such hazards can lead to injuries, including fractures, head trauma, and spinal injuries.
Slip & Fall Accidents
Slip and fall accidents are a frequent type of premises liability case. Slip and fall accidents cause over 1 million hospital visits in the U.S. each year. They happen when someone slips or trips on unsafe surfaces.
Common causes include:
· Wet or slippery floors in stores or restaurants
· Broken stairs or handrails, which are particularly risky for older adults
· Poor lighting in areas like parking lots or stairwells
· Loose carpeting
· Hidden hazards like small steps or holes
Injuries can vary from minor to severe, including broken bones, head injuries, spinal injuries, and lacerations.
Inadequate Security
Landlords and property owners have a duty to protect tenants and guests from foreseeable criminal acts on their properties. Negligent security falls under premises liability, occurring when a property does not provide adequate safety measures, which can lead to injuries. This issue can arise in places like parking lots, shopping centers, apartments, and nightclubs, often due to insufficient lighting, the absence of security staff, or malfunctioning security systems. Victims may endure physical injuries or psychological trauma, such as anxiety or PTSD.
Falling Objects
Falling object incidents often arise from improperly secured items, especially in construction sites, retail spaces with high shelves, and during office renovations. Even homes are not exempt, as objects can fall from cabinets or shelves, leading to a variety of injuries, ranging from bruises and lacerations to broken bones and serious head or spinal injuries. In rental properties, landlords may be held liable if these incidents stem from inadequate maintenance or unsafe conditions.
How to Prove Landlord Negligence in Illinois Injury Cases
After an injury while on someone else’s property, you may be questioning – will my personal injury case go to trial? To take your injury case to trial, you must have a valid claim. In Illinois, premises liability falls under personal injury law, meaning that for a valid landlord negligence claim, you must prove the four elements of negligence.
Duty of Care
The property owner had an obligation to ensure your safety based on your status as an invitee or licensee.
Breach of Duty
The owner failed to uphold this duty by not keeping the property in a safe condition or by neglecting to inform you about known dangers.
Causation
The landlord’s breach of duty directly caused your accident and resulting injury.
Damages
You incurred damages due to the injury, including medical expenses, lost income, or pain and suffering.
Building a strong case depends on the strength of your evidence to support your claim. To improve your chances, capture images of the hazardous situation that led to your injury, as well as the surrounding area. Personal injury lawyers can help you obtain copies of all of your personal injury medical bills and records related to your injury. You should collect written accounts from anyone who witnessed the incident, as their testimony can be valuable. If an official report was made, such as one by store security, be sure to secure a copy for your own records.
Is it worth it to get a personal injury lawyer? Proving negligence and demonstrating your injury can be quite challenging. Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC for assistance from a Naperville landlord liability lawyer who can help gather evidence and negotiate to secure the best possible settlement for you.
