Legal Question in Personal Injury in Illinois

slipped on ice on rental property

I slipped on ice at my home which I rented. I broke my ankle and spent 2 nights in the hospital. Had to have surgery and now have 7 pins and a plate and will have problems the rest of my life. When the landlord was told, he said he knew the gutter wasn't right and he wasn't happy with the way it was done. Because the gutter wasn't right, water dripped down and ended up right in front of the steps. When salt was put down, it would be washed away by the dripping from the gutter. I was evicted after that due to non payment of rent, (got behind and was trying to catch up), but it was an illegal eviction because of the way he did it. He's now filed a claim for the back rent which I just received notice today. Do I have a personal injury claim?


Asked on 7/13/06, 10:28 am

3 Answers from Attorneys

Nima Taradji Taradji Law Offices

Re: slipped on ice on rental property

You may have a cause of action against the property owner depending on how long ago this happened and how well documented your injuries, its cause and the followup treatment are.

However, that is a separate issue with the fact that you were evicted because of not having paid rent.

If I can be of further assisstance, contact me.

Taradji Law Offices

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Answered on 7/13/06, 12:52 pm
Matt Belcher Belcher Law Office

Re: slipped on ice on rental property

Your Landlord has an obligation to provide you with a reasonably safe premises - and in Illinois that means a staircase that is free from an UNNATURAL accumulation of ice.

In order to prove that the ice did not arise �naturally� you will most likely need an architectural expert and a meteorological expert. The architect will demonstrate that the gutter caused the water to drip and ice to form and the meteorological expert will prove that snow/rain from the sky did not cause the dangerous condition.

If you have an accomplished attorney, with resourceful experts, and the time to devote to your case you should recover a significant amount of money for your medical bills, lost wages, pain, suffering and loss of normal life.

Regarding your illegal eviction, I would need to know if you are subject to the Chicago Landlord Tenant Ordinance and the details of what happened.

If you have any further questions, please do not hesitate to contact me.

Good Luck,

Matt Belcher

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Answered on 7/13/06, 1:45 pm

Re: slipped on ice on rental property

You definately have a claim and should present it as soon as you take photographs of the defective gutter as well as the area where the ice formed. In fact, you should have photographs and video taken the very next time that it rains.

In addition to that, you should make copies of all your bills and compile a record of those bills paid by medical insurance, those that you paid and those that are still unpaid.

Additionally, if you missed work, you should obtain a letter from your employer to document your lost wages.

You will be entitled to compensation for past present and future medical bills, past, present and future lost wages, pain, suffering, disability and disfigurement. If you are married, your spouse will also be entitled to make a claim.

You will want to proceed against your landlord and the company that installed the gutters.

Please feel free to contact me regarding your injury and the eviction. I will be happy to assist you in obtaining photographs and compiling your damage summary.

I have been helping injury victims like yourself for over 23 years in Illinois and Indiana. See www.indianapersonalinjurylawyer.net.

Respectfully,

Burton

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Answered on 7/13/06, 4:12 pm


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