When you are a tenant in an apartment building, you are not in full control of many aspects of building safety, nor are you legally responsible for it. Therefore, when you suffer an injury in your apartment building, e.g., broken bones from a fall down the stairs, your landlord may be liable.
Before taking action after your injury, it is important to understand the legalities surrounding tenant and landlord contracts. These laws vary considerably by state, making it vital that you look specifically into the laws in Illinois.
When is a landlord liable for injuries suffered on their property?
A landlord is not responsible for all injuries suffered on their property. It is very possible that a tenant acted irresponsibly or they simply had an accident that was beyond the landlord’s control. However, when the landlord’s property is not adequately maintained, if the landlord fails to warn the tenant of any possible hidden dangers or if the landlord fails to repair any unsafe situations, he or she is likely to be liable for the accident that took place.
What must be proven in order to make a successful liability claim against a landlord?
General negligence laws apply to injury liability claims that a tenant makes against a landlord. This means that it has to be proven that the landlord breached his or her legal duties to keep the premises safe. In addition to this, it must be shown that the breach of this legal duty directly led to the injury that the tenant suffered. It must be proven that if the landlord had not breached his or her duty, the accident would never have occurred.
What damages can I receive after a successful claim?
After suffering an injury, it is likely that you had to pay significant medical bills and/or had to take unpaid leave from work. You will likely be able to recoup these damages by filing a claim for damages after an injury that occurred in your apartment building.