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Category Archives: Premises Accidents

IL injury lawyerIn the state of Illinois, entities in charge of maintaining a property are expected to uphold high standards to protect those who visit and occupy the structure. When structures like balconies or porches are not properly maintained, constructed, and inspected, innocent lives may be at risk of sustaining very serious injuries. If you or a loved one have been harmed due to a structural collapse, it is possible that your injuries are a result of negligence.

Causes and Injuries Related to Structural Collapses

Structural collapses are almost always preventable and often a result of negligence. Structural collapses are frequently caused by negligence in instances involving faulty construction, foundation defects, building code violations, preventable fires and explosions, inadequate building maintenance, poor design, and insufficient building inspections.

When liable parties fail to keep up with regular maintenance or fail to properly design and construct structures such as balconies and porches, victims can suffer severe industries. While the severity of such injuries often varies depending on the structure’s distance from the ground and the way in which the structure collapsed, there are common injuries that arise from such accidents. For example, commonly seen injuries that arise from a balcony collapse include:

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IL injury lawyerIndividuals occupy, patronize, and utilize public properties and facilities every day. They rarely stop to consider who maintains these properties and how that maintenance, or lack thereof, could possibly affect them. Holding property owners accountable for the condition of their property and how that condition may affect their guests is an aspect of premises liability. Guests and tenants who are injured by a property owner’s negligence should be aware of their rights and what damages they may be eligible to recover

Causes and Consequences of Inadequate Maintenance

When property owners neglect to put the time and effort into maintaining their site and its surroundings, guests of the property or business can sustain unnecessary injuries. Unfortunately, it is common for these maintenance issues to not be addressed until it is too late. This sort of premises liability can occur in numerous environments including the workplace, common areas such as shopping centers and apartment complexes, stores, roadways, and public transit.

Types of maintenance issues that could lead to guest injury include insufficient security, spills or fallen merchandise, uneven or broken stairs or sidewalks, overgrown or improperly maintained trees, and cluttered aisles and hallways. In addition, a property feature that is often overlooked is the property’s lighting. Unfortunately, a lack of proper lighting can lead to more opportunities for violent crimes and should be monitored on a regular basis.

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IL accident lawyerApartment living certainly has its advantages. However, one major disadvantage of living in an apartment or rental house is that the tenant has little control over the property’s upkeep. When a landlord fails to keep a rental property in a reasonably safe condition and a tenant is harmed as a result, the tenant may be able to sue the property owner for damages. The tenant may be entitled to compensation for medical bills, lost wages caused by missed work, pain and suffering, and more.

Injuries Caused by Negligent Landlords

Whether a landlord is an individual or a company, the landlord owes tenants a legal “duty of care.” The landlord has an obligation to keep the premises free of obvious hazards that could cause injury. If a landlord fails to uphold this duty and a tenant is injured or killed as a result, the landlord may be liable for damages. Some common examples of unsafe conditions include:

  • Failing to install working smoke detectors or ensure the property has adequate fire escapes
  • Inadequate security measures such as broken locks
  • Poor lighting
  • Broken stairs
  • Missing handrails
  • Broken or dangerous balconies
  • Building code violations
  • Not removing snow and ice from the property per the lease agreement
  • Parking lot defects
  • Electrical hazards
  • Unsafe elevators or escalators
  • Dangerous conditions in the swimming pool are
  • Plumbing issues or leaks

When Is a Landlord Liable for a Tenant’s Injury in Illinois?

Obviously, landlords and apartment complexes cannot prevent every injury that occurs on the property. The four main components in a successful premises liability case include:

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IL injury lawyerThere are a variety of situations in which a person may be injured while on someone else’s property. If a person’s injuries occurred because of the property owner’s negligence, the victim may be able to recover financial compensation through a premises liability claim. These cases will often involve accidents that occur because a property owner failed to correct hazardous conditions or warn visitors about the risks of injury. However, victims may also be able to pursue compensation for injuries that occurred because a property owner was negligent in providing the proper security to protect the safety of guests.

Requirements for Adequate Security

Property owners or tenants in control of property have a duty to protect the safety of those who are allowed to enter and use the premises. This duty includes taking steps to prevent foreseeable events, such as assault, robbery, or theft. Adequate security must be provided at all times when visitors or guests are present.

Property owners may need to address multiple different forms of security, including:

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IL injury lawyerFalling down after losing one’s footing on a sidewalk, floor, or walkway may seem like a minor incident, but in reality, slip, trip, and fall accidents can lead to a variety of serious injuries. The impact with the ground may lead to broken bones, including fractured wrists, hips, or kneecaps. Victims can also suffer dislocations of joints such as wrists, shoulders, knees, or ankles, or they may experience painful sprains and bruises. In especially dangerous cases, such as a fall from a higher level to a lower level, a person may suffer traumatic brain injuries, spinal cord injuries, or even wrongful death.

Victims of slip and fall accidents may be able to pursue compensation for their injuries and damages through a premises liability lawsuit. In these cases, a property owner or the tenant in control of a property may be held responsible for injuries that occurred because of their negligence.

Elements of a Premises Liability Case

To pursue compensation through a personal injury lawsuit, a plaintiff will need to demonstrate the following:

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