Can I Sue My Landlord if I Am Assaulted on the Property in Illinois?

 Posted on August 21, 2025 in Premises Accidents

If you were attacked in an apartment building, parking lot, elevator, or shared hallway, you may have a civil claim against the landlord or property owner. Under Illinois premises liability law, owners must take reasonable steps to keep tenants and guests safe from foreseeable harm. When property owners fail, they may have to pay. A Kane County, IL premises liability attorney can review what happened, preserve evidence, and explain your legal options.

Understanding Premises Liability Law in Illinois

According to the Illinois Premises Liability Act, 740 ILCS 130/2, property owners and managers owe a duty of reasonable care to people who are lawfully on their property. The key question is whether the owner acted reasonably in light of known or foreseeable risks. In assault cases, courts look at basic security measures. 

Did the property have working locks and gates? Was there adequate lighting in parking areas and stairwells? Did the property have trimmed landscaping that does not hide sightlines? Were there cameras or access control where appropriate? Most importantly, did the landlord respond to tenant complaints in a timely manner? Owners who ignore clear hazards or a pattern of criminal activity may be liable when an assault occurs.

When Is a Landlord or Property Owner Liable for Assault in Illinois?

Liability may arise when a reasonable person could see that the conditions on the property increased the risk of an assault. If the landlord failed to take the precautions a careful owner would take, they bear at least some responsibility for an attack. However, every situation is different. Sometimes, liability is more complex. For example, if the person who assaulted you was intoxicated due to overservice, you may also have a separate claim under the Dram Shop Act, 235 ILCS 5/6-21. This could be in addition to a negligent security claim against the property owner.

How Do You Prove That Your Landlord Is Liable for Damages After an Assault?

Most premises liability cases in Illinois involve four elements that must be present to prove liability:

• Duty: The landlord owed you a duty of reasonable care to keep common areas safe for lawful tenants and guests.

• Breach: The landlord failed to act reasonably, such as by ignoring broken locks, burned-out lighting, repeated complaints, prior incidents, or obvious access problems.

• Causation: The security failure essentially allowed the assault to happen.

• Damages: You suffered harm, including medical bills, lost income, pain and suffering, and emotional distress.

Useful evidence to prove your claim can include police reports, medical records, maintenance logs, emails or texts to management, prior incident reports, crime data for the address, and any surveillance video. Expert testimony on security standards can explain how simple measures, like fixing a latch, adding lighting, trimming bushes, or controlling access, would likely have prevented the attack.

Contact an Aurora, IL Premises Liability Attorney Today

At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we understand that the aftermath of an assault can be physically and emotionally difficult. However, our experienced lawyers will act quickly on your behalf to preserve evidence and pursue compensation for your financial and emotional losses. Several of our attorneys have been honored as Leading Lawyers and Super Lawyers by peer assessment, and in 2021, the American Institute of Personal Injury Attorneys named us among the Top 10 Best Law Firms. Call 630-907-0909 today to speak to one of our Kane County, IL premises liability lawyers and start building your case for compensation as soon as possible.