Legal Question in Personal Injury in Illinois

Father-in-law asked his landlord many times to put a rail on the steps on the front of his apartment. The rail was not installed. He fell on the stairs and died from a cracked skull. Is there a potential wrongful death claim against the landlord?


Asked on 10/29/09, 12:57 pm

3 Answers from Attorneys

Timothy Lowery Lowery & Associates, LLC

I am very sorry for your loss.

It is possible to recover. However, a complete review of all the relevant reports, documents, and a site inspection are probably required to judge the strength of your case.

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Answered on 11/03/09, 1:36 pm

Please accept my condolences. There are a lot

of factors involved. For example, was his request documented or witnessed?

Was this a common stairway leading to many

residences? Is there a written lease and if so

what does it say in terms of the landlord's

responsibilities? Is there a local building

code that may have been violated? There

may be a cause of action depending on

the answers to these and possibly other questions.

I represent injury victims and their families

throughout Illinois and Indiana. Please contact

me if you wish to discuss your situation further.

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Answered on 11/03/09, 2:28 pm
Scott A. Blumenshine Blumenshine Law Group

A terrible situation. Yes, there may be a recovery. All of the facts and circumstances

of the scene and the fall and prior discussions are relevant. The applicable law places a duty

of due care on the landlord. Until I am able to speak with you directly, I am unable to

give a definitive answer on the likelihood of recovery. This is general information only

and not legal advice. I would be glad to spend time with you and your family

for a free, no obligation consultation.

Thank you for your consideration.

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Answered on 11/04/09, 10:15 am


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