If you are wondering whether you can sue a Chicago landlord for falling down stairs, the answer depends on what caused the fall and whether your landlord failed to meet their legal responsibilities. Stair-related injuries are surprisingly common in rental housing, especially in older buildings where maintenance is often neglected. Loose carpeting, broken steps, poor lighting, or missing handrails can all turn a staircase into a serious hazard.
Under Illinois law and the Chicago Residential Landlord and Tenant Ordinance (RLTO), landlords have a duty to keep their properties safe. When they ignore dangerous conditions and someone gets hurt, they can be held legally responsible. If your injuries are more than minor and you suspect poor maintenance played a role, it is worth speaking to a tenant injury attorney about your options.
This article explains when you can sue a landlord after a stair fall, what kinds of hazards and injuries support a claim, and what steps to take right away to protect your rights.
Key Takeaways
- Landlords in Chicago can be held responsible for stair falls when poor maintenance, unsafe design, or code violations cause injury.
- Common hazards include broken steps, loose carpeting, poor lighting, and missing handrails.
- Only serious injuries that lead to medical care, missed work, or lasting harm typically justify a lawsuit.
- Speaking with a tenant injury attorney as soon as possible is the best way to protect your claim and make sure key evidence is preserved.
When Can You Sue a Chicago Landlord for a Stair Injury?
Not every stair fall is a lawsuit. But if your injury was caused by poor maintenance, building code violations, or unsafe conditions the landlord failed to fix, you may have a legal claim. In Chicago, tenants can sue their landlords for stair-related injuries under both Illinois negligence law and the Chicago Residential Landlord and Tenant Ordinance.
To win a personal injury case, you need to prove four things:
- The landlord had a duty to keep the property safe.
- They failed to meet that duty.
- Their failure caused your injury.
- You suffered damages like medical bills, lost wages, or pain and suffering.
This legal theory is called negligence. And while the rules may sound straightforward, tenant injury cases in Illinois are shaped by a mix of local ordinances, lease terms, and long-standing court decisions.
Landlord Negligence Under Illinois Law
Illinois landlords are not automatically responsible for every injury that happens on their property. In fact, the default rule under Illinois common law is that landlords are not liable for injuries caused by dangerous conditions on the property-unless one of several legal exceptions applies.
These exceptions include situations where the landlord:
- Knew about a hidden defect before renting the unit
- Promised to make repairs and failed to follow through
- Violated a safety law designed to protect tenants
- Took direct action that created a safety hazard
If your fall was caused by a defect the landlord knew about (or should have known about) and failed to repair, you may have a strong claim under these common law rules.
Liability Under the Chicago RLTO
Tenants in Chicago have stronger legal protections than tenants in many other cities. The RLTO requires landlords to maintain stairways, handrails, and flooring in a condition that is safe and structurally sound. These duties apply throughout the rental property-including inside the tenant’s unit and in common areas.
(e) Damages and Injunctive Relief. If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, the tenant may obtain injunctive relief, and/or recover damages by claim or defense. This subsection does not preclude the tenant from obtaining other relief to which he may be entitled under this chapter.5-12-110(e)
If your injury was caused by a condition that violates the RLTO, such as a broken step or missing handrail, you may have a claim even if the landlord did not personally know about the hazard. The ordinance creates a private right of action, meaning tenants can sue directly under the law and recover not just compensation for injuries, but also attorney’s fees and court costs if successful.
Common Stair Hazards That May Justify a Lawsuit
Many staircases in older Chicago apartment buildings are poorly designed, heavily used, and seldom updated. When landlords ignore basic maintenance or cut corners on repairs, stairways can become dangerous. Under Illinois law and the Chicago RLTO, landlords can be held liable for failing to address safety hazards that lead to injury.
Here are some of the most common stair defects that may support a legal claim.
Lack of Lighting in Stairwells
Poor visibility is a major factor in stair falls. Landlords are responsible for maintaining working lights in stairwells and other common areas. When light bulbs burn out and are not replaced, or when no lighting is installed at all, tenants may not see where they are stepping. A fall caused by poor lighting can support a claim, especially if the landlord received complaints or should have noticed the problem during routine inspections.
Unsecured or Torn Carpeting
Loose or frayed carpet is a frequent cause of trip-and-fall injuries on stairs. When carpet pulls away from the steps or bunches up, it can catch a tenant’s foot mid-stride. This is particularly dangerous on stairs, where a single misstep can lead to serious injury. Landlords who fail to re-secure or replace damaged carpet after receiving notice may be found negligent.
Rotted or Collapsing Steps
In some buildings, stair treads are worn down or damaged to the point of collapse. If a wooden step cracks, shifts, or gives way underfoot, the landlord may be liable for any resulting injury. This is especially true when the damage is visible or has existed for a long time. Under the RLTO, a landlord’s failure to maintain safe structural conditions is a clear violation.
Dangerous or Uneven Step Height
The height and depth of stair treads must be consistent for stairs to be reasonably safe. When steps vary in height or width – often due to poor design or makeshift repairs – they create a tripping hazard. Uneven stairs may also violate building codes. If a fall occurs because the stairs do not conform to accepted safety standards, the landlord may be responsible.
Missing or Loose Handrails
Handrails are a critical safety feature, especially in narrow or steep staircases. A missing, wobbly, or broken handrail can turn a minor misstep into a serious fall. Chicago building codes require that stairs be equipped with secure handrails. If the handrail was absent or failed when used, and the landlord had a chance to fix it but did not, a tenant injury attorney may be able to pursue a claim.
What Injuries Are Worth Suing Over?
Not every fall leads to a viable lawsuit. To bring a successful personal injury claim, the injury must be significant enough to justify legal action. In general, the more serious and costly the injury, the stronger the case. That includes both physical harm and the financial impact of the injury.
Serious vs Minor Injuries
If your fall left you with only mild bruises or soreness that resolved in a few days, a lawsuit is probably not worth pursuing. But if the injury required medical treatment, caused lasting pain, or forced you to miss work, you may have a valid claim. Common injuries from stair falls that can support a lawsuit include:
- Broken bones
- Concussions or head trauma
- Torn ligaments or muscle injuries
- Spinal injuries
- Severe lacerations or disfigurement
Even injuries that seem minor at first – like a sprain or strain – can turn into long-term problems. If your doctor recommends follow-up care, physical therapy, or surgery, the case becomes more serious and more likely to result in a settlement or judgment.
Economic and Non-Economic Damages
In Illinois, injury victims can recover compensation for both financial losses and the personal impact of the injury. These are known as economic and non-economic damages.
Economic damages include:
- Medical bills
- Prescription costs
- Physical therapy
- Lost income due to missed work
Non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of normal life
- Permanent disfigurement or disability
The more documentation you have – medical records, wage statements, photographs – the stronger your claim will be.
Collectability and Insurance Coverage
Winning a lawsuit is only part of the equation. You also need to be able to collect the money you are awarded. Lawyers call this collectability. It refers to whether the person or business you are suing has the assets or insurance to actually pay a settlement or judgment.
In landlord cases, collectability is usually not a problem. Property owners typically carry liability insurance, and even if they do not, the fact that they own real estate means there is usually some value to collect against. In many cases, the insurance company will pay for the tenant’s medical bills, lost wages, and other damages.
Still, there are exceptions. Some landlords are uninsured, underinsured, or financially distressed. If a property is heavily mortgaged, in foreclosure, or held in the name of an empty shell company, collecting money can be more difficult. These situations are less common, but they do happen.
The key takeaway is that most stair fall claims against landlords are collectible, especially when insurance is in place. A tenant injury attorney can help confirm whether coverage exists and what resources are available to satisfy a claim.
Steps to Take After Falling Down Stairs in a Rental
What you do immediately after a stair fall can make a big difference in whether your claim is successful. Evidence fades quickly, and insurance companies often look for ways to deny responsibility. Taking the right steps can help protect your health and your legal rights.
Preserve Evidence Immediately
If you are physically able, document the scene before anything is changed. Take photos of the stairs from multiple angles. Capture details like loose carpet, broken steps, missing handrails, or poor lighting. If possible, measure tread height and depth or the gap in a broken step. Ask anyone who saw you fall to provide their name and contact information. If neighbors or other tenants have previously complained about the stairs, try to gather copies of those complaints. The more proof you have, the stronger your case will be.
Get Prompt Medical Attention
Even if your injuries seem minor at first, see a doctor right away. Some conditions, such as concussions, internal bleeding, or ligament tears, may not be obvious immediately but can worsen over time. Medical records also serve as crucial evidence linking your injuries to the fall. Gaps in treatment can give the landlord’s insurance company an excuse to argue that you were not seriously injured.
Talk to a Tenant Injury Attorney
After getting medical care, the next step is to speak with a tenant injury attorney. An attorney can investigate the property, confirm whether the landlord has insurance, and advise you on whether your claim is worth pursuing. They can also make sure evidence is preserved, handle communications with the insurance company, and file a lawsuit if necessary. The sooner you speak with a lawyer, the easier it will be to build a strong case.
Can You Still Sue If You Were Partly at Fault?
One concern many tenants have after a fall is whether they can still sue if they think they may have contributed to the accident. For example, maybe you were carrying groceries, wearing socks on wood steps, or looking at your phone. In Illinois, these factors do not automatically prevent you from recovering compensation.
Understanding Comparative Fault in Illinois
Illinois follows a rule called modified comparative negligence. This rule allows an injured person to recover money even if they were partly at fault, as long as they were not more than 50 percent responsible for the accident. If you are found to be 50 percent or less at fault, your compensation is reduced by your percentage of fault. If you are more than 50 percent at fault, you cannot recover.
For example, if a jury finds that broken carpeting was 80 percent of the reason for your fall and your decision to carry a heavy box was 20 percent of the reason, you could still recover damages. Your total compensation would simply be reduced by 20 percent.
How Tenants Get Blamed
Landlords and their insurance companies often argue that the tenant was careless. They may claim you were distracted, moving too quickly, or not holding the handrail. These arguments are common because even a small percentage of blame shifted onto the tenant can reduce what the insurance company has to pay.
This is another reason to preserve evidence and talk to a tenant injury attorney quickly. A strong record of the unsafe condition can outweigh attempts to blame the tenant and help ensure that responsibility falls where it belongs.
Realistic Expectations: Settlement vs Trial
Most stair injury claims do not go all the way to trial. Instead, they are resolved through settlements with the landlord’s insurance company. Still, it helps to understand both paths so you know what to expect.
Most Cases Settle
In many cases, once evidence of the unsafe condition is presented, the landlord’s insurance company will negotiate a settlement. Settlements save both sides time, legal fees, and the uncertainty of trial. The settlement amount is based on the seriousness of your injuries, your medical bills, lost wages, and the strength of your evidence. A tenant injury attorney can calculate a fair value for your claim and negotiate with the insurer on your behalf.
When a Lawsuit Is Necessary
Not all cases can be resolved quickly. If the insurance company denies liability, argues that your injuries are not serious, or offers far less than your case is worth, filing a lawsuit may be the only option. A lawsuit allows a judge or jury to decide the outcome. While this process takes longer, it may be necessary if the landlord refuses to accept responsibility. In Chicago, claims under the RLTO also allow successful tenants to recover attorney’s fees, which can make litigation more practical.
Talk to a Tenant Injury Attorney About Your Stair Fall
If you were hurt after falling down stairs in a Chicago rental property, you do not need to figure out your next steps alone. A tenant injury attorney can investigate the condition of the stairs, determine whether your landlord violated Illinois law or the RLTO, and help you pursue fair compensation for your injuries.
Brabender Law offers free consultations for tenant injury claims. There is no upfront cost, and you do not pay unless we recover money for you. Contact us today to discuss your case and protect your rights.