Landlord Liability and Negligence

Landlord liability is a form of general premises liability. When an individual suffers an injury on someones property, proving negligence on behalf of the property-owner is an essential part of the claims process; generally, a landlord’s negligence in a leased area, such as an apartment building, is more difficult to prove than negligence in a common area, such as a sidewalk or stairway. Landlords cannot always be held accountable for hazards of which they were unaware, such as those which develop long after tenants sign their leases and move into their spaces.

To establish liability for a landlord, a few factors must be proven, including: a “latent” defect existed at the time of the lease’s signing; the landlord was aware, or should have been aware, of the defect; and a reasonable examination by the tenant could not have identified the defect. Liability may also be established if a landlord purposely concealed knowledge of a dangerous condition from the tenant.

Ultimately, six factors must be established to hold a landlord liable for an injury suffered on the premises:

– Maintaining the particular part of the property in which the injury was sustained was the landlord’s responsibility;
– The landlord did not take reasonable precautions which would have prevented the injury from occurring;
– Providing prior warning or fixing the problem entirely would not have been “unreasonably” difficult or costly;
– A serious injury was likely to occur had the landlord not fixed the problem;
– Negligence on behalf of the landlord was the proximate cause of the victim’s injury;
– The victim is/was genuinely injured.

In Illinois, landlords are not generally required by law to shovel or remove ice and/or snow from stairs and walkways. However, if snow is shoveled poorly or ice is allowed to accumulate in an unnatural manner, a landlord may be held liable for any slip-and-fall injury which may occur as a result. While “natural” accumulations of ice and snow are not a landlord’s responsibility, he/she still has a duty to maintain safe conditions on his/her properties at all times, and some Illinois municipalities of various sizes do require landlords to ensure that public walkways are clear for residents and delivery/postal employees. In Chicago, for example, property owners are generally required to remove accumulated snow within three hours of its cessation.

If you or a loved one has been injured on someone else’s property as a result of negligence, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.