This is the next post in my series on dealing with cases where an individual was injured in a residential home or building. My last article addressed when Illinois homeowners may be responsible for a fall on their property. It is important to understand that residential homeowners are not held to the same standard as commercial property managers. They are, however, potentially liable for damage caused by dangerous conditions on their property. An experienced attorney can help you with determining whether or not you have a claim against a homeowner. In this article I will be discussing the possible liability of apartment building owners. If you or a family member are in need of assistance then contact my office to speak with a Peoria personal injury lawyer.
Illinois apartment complexes have a duty to keep their common areas reasonably safe
All Illinois apartment complexes owe a duty of care which requires them to keep their common areas reasonably safe for tenants and property visitors. These common areas include grounds outside of an apartment building or complex, recreational facilities (such as an apartment complex gym or swimming pool), stairs leading to a unit, hallways which connect units, etc. This duty of care means that a property owner must take reasonable steps to ensure that these areas do not suffer from dangerous conditions which may cause a fall. Whether or not the action taken by the property owner/manager were “reasonable” will depend on the specifics of the situation. If the property owner fails to take such measures, and someone is injured as a result, then the individual may be able to recover damages.
The foregoing concepts are best explained through an example. Suppose Joe Tenant is walking to his apartment complex’s gym through a common outdoor area on the property the day after he moved in. A very large pothole is in the sidewalk and has existed for some time. The property owner has not blocked the pothole off and has not posted any warning signs. Joe steps in the hole, falls, and breaks his ankle. Under this scenario the property owner would likely be liable as a) they were aware of a dangerous condition and b) they took no action to correct it or to warn people of it. If, on the other hand, Joe had slipped on a piece of debris that had only been on the ground for a few minutes then the apartment owner may not be liable. Again, the outcome of any case will be highly dependent on specific facts.
Peoria tenants and guests can hold landlords liable for dangerous conditions inside of an apartment
An apartment complex’s potential liability also extends to the inside of a living unit. Landlords must take reasonable steps to make sure that the structure or other aspects of the unit do not create an unreasonable and unforeseeable risk. The standards regarding liability for the inside of a unit, however, tend to be much higher. A landlord will only be typically liable for a fall, inside of an apartment unit, due to a structural issue (such as a hole in the floor under the carpet), building code violations which cause a tripping hazard, or some other similar issue. A tenant may also be able to establish liability if a lack of maintenance to the unit caused a dangerous condition. While such situations may be more rare, they do occur. If one of their invited guests is injured inside of an apartment unit then it is important that they contact an attorney as soon as possible.
If you or a family member are in need of assistance then contact my office today to speak with a Peoria personal injury lawyer. My practice is devoted to protecting the rights of individuals who have been injured through no fault of their own and we will give your case the attention it deserves. Contact us online or by telephone today. We look forward to speaking with you. Our firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
