Legal Question in Landlord & Tenant Law in Illinois
Injury in a Common Area
My landlord put a piece of carpeting outside of my door to serve as a mat. (Sometimes this carpeting buckles, as I have pointed out to him in the past.)It has no backing to secure it in place. Friday, I tripped on this piece of carpeting and fell, severely spraining my right ankle. It is about twice its size due to swelling. I am now in an aircast and will not know if it is broken until my visit with my doctor on Tuesday. I was ordered to take pain meds and stay off of the leg until then.
My question: Is the landlord's insurance responsible for my medical care, for surgery and physical therapy if warranted? What if he refuses to give me the information?
Thank you for your help, as I'd like to know if i have a case before retaining an attorney.
1 Answer from Attorneys
Re: Injury in a Common Area
Hello! First of all let me wish you a very
speedy recovery. As to the question of liability, your landlord is the one who is personally responsible for your injuries, as I
see it, based upon the information provided. It
appears that he\she was negligent in placing
the strip of carpeting where he/she knew or should have known that someone could fall and
get hurt. I suggest you file suit against
your landlord through a competent attorney of
your choosing. Make sure you keep all your
medical records and expenses. A personal injury lawyer can subpoena this information, but you will save valuable time if you can give this information to your attorney early on. I predict
that your landlord will contact his insurer once
you file suit, and your landlord can be forced to take a deposition to determine whether he/she is insured, and if so, by whom. I will be more than happy to provide you with any additional information!
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