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 "Premises Liability" refers to accidents that occur due to the negligent maintenance, operation or design of a property owned by someone other than the accident victim. This includes claims against a landlord on behalf of a tenant or against the landowner for injuries suffered by an individual who was lawfully on the property.
The term "Premises Liability" encompasses a wide range of events that cause injury and may give rise to liability. For example, a slip and fall due to a wet or defective floor may be actionable against a landowner or a landlord. Other examples include claims for inadequate security, lighting or the failure to properly maintain railings, porches or stairs. These are examples of premises liability actions. Each set of facts giving rise to an injury on a premises must be individually evaluated.
Summary of Illinois Premises Liability Law
The relationship between the injured party and the owner or operator of the property affects the duty which may be owed to the injured person. Landlords owe a different duty to their tenants than does a landowner to people lawfully visiting the premises. In other words, a landlord may owe a different duty to a tenant than the owner of a store owes to a patron.
When Is a Landowner Liable for Injury?
For a plaintiff (the injured person) to be successful in an action against a landowner, the plaintiff must prove the following:
- There was a condition of the defendant's (landowner) property which presented an unreasonable risk of harm to persons on the premises;
- the defendant knew, or in the exercise of ordinary care should have known that the condition of his property involved an unreasonable risk of harm to persons on the premises;
- the defendant should have anticipated that persons on the premises would not discover or realize the danger, or would otherwise fail to protect themselves against it;
- the defendant was negligent;
- the plaintiff was injured;
- the condition of the defendant's property was a cause of the injury to the plaintiff.
One of the more difficult elements for a plaintiff to prove is that the defendant knew or should have known of the dangerous condition. It is not necessary to prove that the landowner knew or should have known of the dangerous condition if there is evidence that the dangerous condition was created by the defendant, its agents (employees) or their activities. In such cases, the landowner has a duty to exercise ordinary care for the safety of those lawfully on the property. As notice of a dangerous condition is often the most difficult element of a premises liability action to prove, cases involving a defective condition created by the landowner may be more likely to succeed.
Liability of Landlord for Tenant Injury
The law in Illinois draws a distinction between those injuries which occur in areas "reserved for common use" and those which occur in space leased to a tenant. Areas "reserved for common use" include hallways, stairways or the parking lot. The space leased to the tenant such as an apartment are not "reserved for common use".
The landlord must be careful to keep the premises reserved for common use reasonably safe. The law requires that the landlord have either actual or constructive knowledge of the dangerous condition which causes injury. For example, the plaintiff must prove that a railing that fails on a shared porch was not kept in a reasonably safe condition and that the landlord knew or should have known that the railing was defective. Whether the landlord had actual or constructive knowledge of the dangerous condition is again oftentimes the most difficult element for the plaintiff to prove. It is not however necessary to prove actual or constructive knowledge of the dangerous condition if the condition was created by the defendant.
What if the injury occurred not in an area reserved for common use but within the leased space? A landlord may be liable for injuries suffered as a result of a defective condition within an apartment or other area leased to tenants. A landlord must tell a tenant of a defect on the premises about which he knows or, from facts known to him, should know, and which could not be discovered by the tenant after a reasonable inspection. The landlord must tell the tenant about known defects at the time the tenant moves in. The issue of whether a landlord knew or should have known of a defective condition before the tenant moved in, is oftentimes contentious.
Liability for Falls on Snow and Ice
Given the significant snowfall Illinois receives, people regularly suffer injury as a result of the accumulation of snow, ice or melted water. As a general rule, property owners have no duty to remove natural accumulations of snow, ice or melted water from their premises. In Illinois, property owners do not have a duty to clean up ice, snow or water which is tracked into a store by customers, or to provide mats or rugs for customers to wipe their feet. A landlord similarly has no duty to remove natural accumulations of snow or ice regardless of the length of time which passes after the accumulation.
When may a landowner be liable for a fall on snow or ice?
Liability may be incurred when snow or ice is not produced or accumulated from natural causes, but as a result of artificial causes or in an unnatural way. A property owner may be liable for the injuries a plaintiff suffers as the result of the negligent design or maintenance of pavement which creates an unnatural accumulation. Illinois courts have found liability where a sloping surface or improperly designed entryway resulted in unnatural accumulation.
The plaintiff has the burden of proving that the accumulation of ice and snow is "unnatural", that the defendant knew or should have known of the dangerous condition and that the defendant failed to take reasonable precaution to avoid injury to others. The issue of whether or not accumulations are natural or unnatural is a question for a jury to decide.
A contract or lease agreement which requires snow removal can create a duty to remove natural accumulations. For example, if a maintenance company is retained to clear snow from a driveway and fails to do so, liability may arise. A thorough review of the terms of the contract or lease agreement is necessary to determine whether a duty is created. If a duty to remove or protect against natural accumulations of snow or ice is created by conduct or contract, then the plaintiff need not prove the existence of "unnatural" accumulation.
Conclusion
The law in Illinois governing the litigation of premises liability actions is complex. If you have fallen and suffered injury as the result of a condition of someone elses property, please contact our office so that we may discuss the details of your case with you. Only after a thorough assessment of the facts surrounding your fall may a determination as to whether you are entitled to compensation be made.
Contact us today for a free case evaluation
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