Whether you are a visitor, customer or tenant, it is important to realize that you may have certain legal rights if you have been injured by inadequately maintained property. Landlords and owners of commercial properties likely owe you a duty under the law to use reasonable care in maintaining conditions on a premises. These owners can avoid liability by simply taking the steps needed to maintain a property. The reason owners tend to fail to make needed repair is due to negligence in inspecting the property or simply not wanting to expend the funds needed for repairs.
When a property is not properly maintained, there are numerous individuals who can suffer. Children may be harmed by a door with broken hinges, and tenants may suffer if proper smoke detectors are not installed in a rental home. There are numerous ways in which an inadequately maintained property can cause serious injuries to these individuals, or in the worst case, death. States often impose statutory duties on landlords to make certain repairs before a tenant moves into the home or apartment. If landlords ignore their duties under the law, then they may be the ones facing severe liability for damages resulting from this ignorance.
If you are suffering from injuries as a result of inadequate property maintenance, then feel free to contact our Illinois premises liability attorneys for help with your case. We offer a free case review at no cost to you. We will assess your case and help you understand the legal options that are available to you.
Failure to Use Reasonable Care in Preventing Dangerous Property Conditions
It is important for plaintiffs to understand the broad duty that owners of property owe under the law. All too often, a tenant or customer may feel guilty and think that an injury was his or her fault. Tenants may not realize that they never had a duty to make certain repairs under the law. When they are eventually injured by a dangerous condition on the property, a landlord may try to place the liability on the tenant. Here are some other common examples of inadequate maintenance:
- Failure to clean up slippery surfaces, leading to slip and fall accidents
- Failure to warn about hidden defects in a property (which may also raise issues of other claims-fraudulent concealment and misrepresentation)
- Failure to provide proper security, such as guards, security cameras, railings, fencing and lighting
- Failure to clean up cluttered aisles
- Failure to repair cracked sidewalks
- Dog bites and attacks
- Exposure to toxic chemicals
- Failure to clean up ice or snow on a sidewalk
- Failure to repair loose door hinges
- Failure to clean up tree limbs or fallen trees
- Failure to warn of construction zones
As you can see, there are numerous ways in which your claim might fall under the umbrella of “inadequate maintenance” in negligence law. All of these examples relate back to the notion that a property owner owes a duty to the world to act as “a reasonable person.” This means that he or she must maintain a premises in a safe condition that does not pose unreasonable risks of harm to the public.
Liability for Inadequate Maintenance Accidents
Determining liability in inadequate maintenance accidents is often the most difficult aspect of handling these cases. There are certain nuances in Illinois law that make premises liability claims complicated. For example, tenants are required to put a landlord on notice when a property requires certain repairs. If a tenant is aware of a dangerous condition, fails to provide notice to a landlord and is subsequently injured, then he or she may not be able to recover any damages. An Illinois premises liability attorney can analyze your case to see whether you have a valid claim in light of nuances in Illinois premises liability laws.
Speak with Illinois Premises Liability Attorneys Today
Illinois premises liability attorneys at Rosenfeld Injury Lawyers welcome your questions, concerns and inquiries about your inadequate property maintenance case. We are happy to spend time in reviewing the facts of your case to help you in this stressful time. Our lawyers work on a contingency fee basis, and this means that you do not pay any fees until there is some form of recovery in your case.