What are my rights if I am laid up and out of work due to a broken arm from a fall on the ice at my apartment complex?

UPDATED: Jan 22, 2014

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What are my rights if I am laid up and out of work due to a broken arm from a fall on the ice at my apartment complex?

I saw on the news yesterday that it is the responsibility of homeowners in the area to make sure that their driveways and sidewalks are clear. The management company is supposed to shovel and salt but they don’t do a very good job. Would I be out of line to ask my landlord to file a claim against her homowner’s insurance for medical bills (I am uninsured) and lost wages?

Asked on January 22, 2014 under Personal Injury, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can ask, but if they refuse to compensate you voluntarily, you'd have to sue in order to try to force them to provide compensation.

In terms of whather you might be entitled to compensation: while homeowners, landlords, etc. are supposed to keep walkways, etc. clear, they are not required to be perfect about it: they just have to do a "reasonable" job. "Reasonable" in this context generally means to do as much as other, similar property owners would. Therefore, even if their snow-clearing job could have been better, if it was adequate and more or less as good as other property owners do, it is not likely they would be found liable in court.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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