Is my landlord liable for injury I suffered on the steps at my rental?

UPDATED: Oct 1, 2022

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Is my landlord liable for injury I suffered on the steps at my rental?

My landlord cut power to the only light outside so you can’t see a thing in dark. Additionally, the steps are the wrong measurements and the handrail is shaky. I stepped wrong on the step in the dark and tore a muscle in my calf. I am also disabled. The light is on a motion sensor that is connected to the next apartment’s power. They moved and the light went out when power went off there.

Asked on November 28, 2018 under Personal Injury, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your landlord is liable because you were injured on the premises. Prior to filing a lawsuit for premises liability, it may be possible to settle the case with the landlord's insurance carrier. Notify that insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor  obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the landlord's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation  for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled, NO lawsuit is filed.
If you are dissatisfied with the settlement offers from the landlord's insurance carrier, reject them and file a lawsuit for premises liability against the landlord.
If the case is NOT settled, your premises liability lawsuit  against the landlord must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights in the matter forever.

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 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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