In the state of Illinois, many people live in a rented condominium, apartment, or other type of residential unit. It is the responsibility of a landlord to maintain the property and provide a “habitable” place to live to their tenants, while ensuring it is free from any hazardous conditions.
There are several Illinois laws that provide protection against the negligent acts of a landlord, and entitle a tenant to compensation for damages they may sustain as a result. Families that lose their loved one under such circumstances can file a wrongful death lawsuit against the landlord as well. It is essential for tenants to know about their legal rights and what actions they can take if they sustain injuries or if their loved one dies due to their landlord’s negligence.
What Constitutes as Landlord’s Negligence?
If a landlord fails to meet the reasonable standard of care leading to injuries or wrongful death of a tenant, they can be held liable for the damages caused from unmaintained or dangerous conditions. Landlords are required to proactively maintain their property and make timely repairs, or at least keep their tenants informed so that they can remain cautious and prevent any fatal injuries. If a tenant informs about a dangerous condition, it is the responsibility of the landlord to take reasonable actions to fix it in a reasonable amount of time.
If you or your loved one suffered from a fatal injury, you must meet several legal requirements to prove that it was a result of your landlord’s negligence. You must establish that:
- The injury or death was caused from the dangerous condition of the premises.
- The landlord knew about the dangerous condition and had a duty of care to repair or maintain it, as laid down in the agreement.
- Failure of the landlord to carry out this duty resulted in the injury or death.
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In other words, injuries or death caused under foreseeable circumstances attributing to a landlord’s responsibility towards their property can make a viable personal injury or wrongful death lawsuit. If you successful prove the presence of the above elements in your case, you will be able to recover damages, such as lost earnings, medical expenses, pain and suffering, disability, and in some cases, punitive damages. In case of a wrongful death, additional damages will be awarded, such as loss of consortium and emotional distress.
Property Areas that Come under a Landlord’s Duty of Care
A landlord has to maintain a standard of care for all common areas of their property, such as:
- Hallways
- Handrails
- Stairs
- Floors
- Lifts
- Sidewalks
- Swimming pools
- Store displays
- Unmarked rises
If a landlord knows about a hazardous condition or latent defect, they should inform tenants about it with the help of a warning sign or just communicate it to them.
It can be difficult to cope with the loss of your loved one due to the negligent actions of your landlord, and for that, you should take legal action to get compensation. It is recommended to work with an experienced wrongful death attorney who can make a solid case against your landlord and help you in proving your claim. Contact Mary Ann Covone, P.C., Attorney at Law at 708-246-4911 today to schedule a free consultation