Individuals 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.
When guests work, live, visit, and travel by properties that are not adequately maintained they are at risk of sustaining serious injuries. Types of physical harm that could result from these varieties of property negligence include:
- Neck and back injuries
- Head injuries
- Broken bones
- Eye injuries
Proving Liability and Recovering Damages
If an individual is harmed due to insufficient upkeep of a property and wants to pursue compensation, they will need to file a claim against the persons responsible for maintaining the condition of the property. This party is likely the property owner.
To effectively seek recoverable damages in a personal injury case of this sort, the victim will need to prove the following:
- The defendant owed the injured individual a duty of care
- The defendant failed to exercise this duty
- The defendant’s failure resulted in the victim’s injury
- The victim actually suffered damages from the sustained injuries
Duty of care refers to the legal obligation placed on landowners to adequately maintain their property. When a property owner breaches this duty and a visitor or tenant is harmed as a result, the victim may be eligible for monetary damages. Victims may be eligible to receive compensation to account for their medical expenses and lost income as well as their pain and suffering.
Contact Our Aurora, IL Personal Injury Attorney Today
Unsafe activities and negligent behavior can lead to hazardous property conditions. In almost all cases, the owner of the property is responsible for maintaining the quality and safety of their land.
The premises liability attorneys at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. are equipped with the experience and resources to identify the cause and liable party of your accident. Contact our Kane County personal injury attorneys today to start investigating your case by calling 630-907-0909.