Can You Sue a Landlord for Falling on Property in Illinois?

Falling on a landlord’s property can lead to serious injury, but can you sue a landlord for falling on property in Illinois? The answer depends on where and how the fall happened, and whether the landlord failed to meet their legal responsibilities.

Falling accidents are one of the most common personal injury claims in rental housing, especially in older buildings where upkeep is often neglected. Falls can happen on broken stairs, icy sidewalks, slick hallway floors, or crumbling porches. In many cases, Illinois law allows injured tenants or guests to sue – particularly when the landlord failed to maintain the property as required by law.

Chicago renters have even stronger protections. Under the Chicago Residential Landlord and Tenant Ordinance (RLTO), landlords have an affirmative duty to keep stairways, common areas, and structural features in safe condition. In these cases, a tenant does not need to prove that the landlord knew about the hazard – just that the condition violated the law and caused the injury.

This article explains when you can sue a landlord for a fall, the types of hazards that justify a claim, and what evidence and injuries are needed to support a case. It also outlines Illinois legal standards for negligence, additional protections for Chicago tenants, and what to expect if you file a lawsuit.

When Can You Sue a Landlord for Falling on Their Property?

Under Illinois law, you can sue a landlord for falling on their property if the fall was caused by a dangerous or defective condition and the landlord is legally responsible for that condition. But liability is not automatic. The key question is whether the landlord had a legal duty to fix or prevent the hazard and failed to do so.

Illinois follows a common law rule that landlords are generally not liable for injuries caused by dangerous conditions on leased premises once the tenant takes possession. However, there are six major exceptions that allow tenants or guests to sue. These include situations where the landlord knew about a hidden defect, fraudulently concealed a hazard, created a nuisance, promised to repair something and failed, violated a safety ordinance, or voluntarily took on a repair and did it negligently.

Tenants in Chicago have additional protections under the Residential Landlord and Tenant Ordinance (RLTO). This local law creates a legal duty for landlords to keep the property in a safe and habitable condition. Unlike the general Illinois rule, the RLTO does not require tenants to prove that the landlord knew about the hazard. A violation of the ordinance itself may be enough to support a claim for personal injury.

Injury claims against a landlord fall into two main categories:

• Cases where a landlord fails to maintain the property and an exception to the general rule applies
• Cases where the landlord takes direct action that creates a safety hazard

In both situations, a tenant or guest who suffers injury can pursue a claim for damages. Chicago tenants can also sue under the RLTO itself, which allows recovery for personal injuries and includes the right to attorney’s fees.

Next, we will look at the most common types of falls on rental properties and when those incidents might justify a lawsuit.

Types of Falls That Might Justify a Lawsuit

Not every fall on rental property will support a legal claim, but some types of hazards are more likely to lead to landlord liability. The location of the fall often matters – both legally and practically. In general, a landlord is more likely to be responsible for hazards in common areas, outdoor spaces they control, or parts of the property where they failed to perform promised maintenance or violated local safety laws.

Falls in Common Areas

Common areas like lobbies, hallways, and laundry rooms are under the landlord’s control. That means the landlord has a continuing duty to keep these areas reasonably safe. Common hazards that may justify a lawsuit include:

• Water or debris left on tile floors
• Burned-out lights that reduce visibility
• Rugs or mats that bunch up or slip
• Uneven thresholds or loose floorboards

If you fell in a common area and the condition had existed for a while – or if other tenants had already complained – the landlord may be held responsible. Under the Chicago RLTO, the duty to maintain safe common areas is not optional and does not depend on notice.

Falls on Stairs

Stair-related injuries are among the most serious and most preventable in rental housing. Broken steps, missing handrails, loose carpeting, and poor lighting are all well-documented risks. In Chicago, landlords are required by ordinance to keep stairways in safe, structurally sound condition. A single code violation – like a missing handrail – can be enough to support a claim if it contributed to your fall.

Even outside Chicago, landlords may be liable for stair injuries if:

• They promised to repair a known problem and failed
• The hazard was hidden or concealed
• The condition violated local building codes

Up next, we’ll look at outdoor falls, including those on sidewalks and porches, and explain how landlord responsibility is determined in those cases.

Falls on Sidewalks and Outdoor Areas

Outdoor areas like sidewalks, driveways, porches, and parking lots can be dangerous in winter or when maintenance is neglected. Whether a landlord is legally responsible for a fall in these areas depends on who controls the space and whether any legal duties apply.

In general, Illinois landlords are not required to remove natural accumulations of snow or ice. That means if you slipped on untreated ice that formed naturally, the landlord might not be liable unless an exception applies. But there are important exceptions:

• If the landlord created an unnatural accumulation – such as water dripping from a gutter or poorly placed downspouts – liability may exist.
• If the lease requires the landlord to shovel or salt the walkway and they fail to do so, they can be held responsible for resulting injuries.
• In Chicago, local ordinances require property owners to clear snow from public sidewalks within a set time after snowfall. A violation of this rule may support a negligence claim, particularly if the condition was dangerous and no efforts were made to clear it.

Porches, decks, and outdoor stairs are treated similarly to indoor common areas. Landlords must maintain these spaces in a structurally sound and reasonably safe condition. A loose railing, rotted wood, or unstable step can create liability, especially if the defect violates the Chicago RLTO or building codes.

Falls that happen just outside the building can still be the landlord’s responsibility if the landlord controls the area, had notice of the hazard, or failed to comply with legal maintenance duties.

Not all fall injuries happen in shared or outdoor spaces. Sometimes, tenants or their guests are injured inside the rental unit itself. In those cases, the rules are slightly different, especially when the hazardous condition is within the tenant’s private living space.

Falls Inside the Rental Unit

When a fall occurs inside a tenant’s unit, landlord liability depends on who caused the hazard and whether any legal duties apply. Illinois law generally assumes that tenants control the inside of their rental units, so landlords are not automatically responsible for injuries that happen there. However, there are several situations where a landlord may still be held liable.

A landlord may be responsible for an in-unit fall if:

• The fall was caused by a hidden defect that existed when the tenant moved in
• The landlord agreed to make a repair but failed to follow through
• The landlord performed a repair carelessly and made the condition worse
• The hazard violated a building code or safety ordinance

For example, if a tenant reports a loose floorboard or a leaking pipe that creates a slippery surface, and the landlord ignores the complaint or delays the repair, they may be liable if someone falls. The same is true if the landlord attempts a repair but does it improperly, making the condition more dangerous.

Chicago tenants may also have a claim under the RLTO if the fall was caused by the landlord’s failure to maintain the unit in a safe condition. This could include broken flooring, water damage, or unstable fixtures that should have been repaired under the ordinance.

These cases often turn on the timeline – how long the hazard existed, whether the landlord knew or should have known about it, and what action was taken. If there is a history of complaints or a repair request that went unanswered, the claim becomes stronger.

Whether a fall happened in a hallway, on a porch, or inside a tenant’s unit, the key to any successful lawsuit is proving that the landlord was legally at fault. That means showing more than just the fact that you were injured. To win a fall injury claim, you have to prove that the landlord’s actions – or failure to act – directly caused the unsafe condition and your resulting harm.

What You Have to Prove in a Fall Injury Lawsuit

To successfully sue a landlord for a fall on their property, you need more than just evidence that you were injured. Under Illinois law, most personal injury claims – including those involving rental property – are based on negligence. This means you must prove four key elements:

1. The landlord had a legal duty to maintain the property or prevent the hazard
2. The landlord breached that duty by failing to act reasonably
3. That breach directly caused your fall
4. You suffered actual damages, such as medical bills or lost income

If any of these elements is missing, your case is likely to fail. For example, if the fall was caused by your own misplaced rug or spilled water in your kitchen, the landlord probably won’t be liable. But if you fell because a broken step collapsed or a leaking pipe caused water buildup on the floor, and the landlord knew or should have known about it, the situation changes entirely.

Duty and Breach

The first step is showing that the landlord had a legal duty to maintain, fix, or warn about the hazard. In many cases, this duty is defined by the lease, city ordinances, or common law exceptions. Chicago’s RLTO creates specific duties to maintain the unit and common areas, and a breach of those duties can form the legal basis of your claim.

Causation

You must also prove that the unsafe condition caused your fall. That means showing a clear connection between the defect and your injury. If something else – like your own actions – was the main cause, the landlord might not be responsible. However, Illinois uses a rule called modified comparative negligence, which still allows recovery as long as you were not more than 50 percent at fault. Your compensation is reduced by your percentage of fault.

Damages

Finally, you have to show that the fall resulted in actual harm. That includes economic damages like medical bills, physical therapy, and lost wages, as well as non-economic damages such as pain, suffering, or reduced quality of life.

Common Legal Theories That Support a Claim

Several legal theories can support a fall injury claim against a landlord. These theories help explain why the landlord should be held responsible under Illinois law or, in Chicago, under the RLTO. The stronger your legal argument, the more likely your case will succeed, either through a settlement or in court.

The Landlord Knew About a Hidden Danger

Illinois law allows tenants to sue if they are injured by a hidden hazard that the landlord knew about or should have discovered before renting out the unit. These are called latent defects, meaning problems that are not visible during a normal inspection. For example, if a landlord knew that floorboards beneath the carpet were rotting and chose not to fix them, they can be held responsible if someone is injured as a result.

The Landlord Promised to Repair and Failed to Follow Through

If a tenant reports a dangerous condition and the landlord agrees to fix it but does not, that promise can create legal responsibility. Courts often hold landlords accountable when tenants rely on those promises instead of seeking other help. If the delay leads to injury, the claim becomes stronger. This is especially true if the landlord acknowledged the hazard in writing, such as by text message or email.

The Landlord Violated a Safety Law or Ordinance

Landlords may also be liable when a hazard that caused a fall violated a law meant to protect tenant safety. This includes local building codes and, in Chicago, the Residential Landlord and Tenant Ordinance. For example, if a tenant falls on stairs with poor lighting or no handrail, and that condition violates city code, the landlord may be responsible. It does not matter whether the landlord was aware of the issue.

The Landlord Created the Hazard Through Careless Action

A landlord may also be responsible if they personally caused a dangerous condition. For example, if they installed a stair railing incorrectly or left tools in a hallway, they could be liable under general negligence rules. These cases are often more straightforward because they focus on the landlord’s own conduct. If the act was careless and the injury was foreseeable, the law may hold them responsible.

What Injuries Are Worth Suing Over?

Not every fall on a rental property justifies a lawsuit. The law does not require catastrophic harm, but it does require proof that the injury had a real impact on your life. A good general rule is this: if the fall required medical treatment, the injury is likely serious enough to consider legal action.

Injuries that may support a claim include:

• Broken bones or fractures
• Concussions or head injuries
• Back or spinal trauma
• Torn ligaments or joint damage
• Deep sprains or strains
• Cuts that require stitches or leave visible scars

These types of injuries can lead to high medical bills, time away from work, and long-term physical limitations. In Illinois, you may also recover compensation for pain, suffering, emotional distress, and reduced quality of life.

The severity of the injury matters because most personal injury attorneys work on a contingency fee basis. This means they are only paid if they recover money for you. If the injury is very minor, the potential recovery may be too small to justify the time and cost of a legal claim.

In short, if your fall led to medical bills, missed work, or noticeable changes in your health or routine, it is worth speaking with a lawyer. On the other hand, if your injury resolved quickly without treatment, a lawsuit may not be practical.

Evidence That Strengthens a Fall Injury Claim

Even if a landlord is legally responsible, you still need solid evidence to support your case. The stronger your documentation, the more likely you are to secure a fair settlement or win in court. Good evidence shows what caused the fall, who had control over the area, and how the injury affected your life.

Key evidence in fall injury cases includes:

• Photographs or video: Take pictures of the hazard that caused your fall as soon as possible. Include wide shots to show the location and close-ups to show the defect. If your fall was caught on a security camera, request that footage immediately.
• Incident reports: If you reported the fall to the landlord or building manager, ask for a written report. If emergency services responded, request copies of those records as well.
• Medical records: These documents show the nature of your injury, the treatment you received, and the cost of your care. They are critical for proving damages.
• Witness statements: If anyone saw the fall or the hazardous condition, ask them to write down what they observed. Even a short statement can help support your claim.
• Maintenance or complaint records: If you or other tenants reported the hazard before the fall, try to get copies of emails, messages, or maintenance requests. These documents help show that the landlord knew – or should have known – about the danger.
• Building codes or inspection reports: In some cases, local code violations can support your claim. An attorney may help you obtain inspection records or identify legal violations that apply to your case.

Evidence should be collected quickly. Conditions can change, memories can fade, and records can be lost. The sooner you gather documentation, the stronger your case will be.

Can You Still Sue If You Were Partly at Fault?

Yes. In Illinois, you can still sue a landlord for a fall even if you were partly at fault – up to a point. The state follows a rule called modified comparative negligence, which means your compensation is reduced by your percentage of fault. However, if you are more than 50 percent responsible for the fall, you cannot recover damages.

This rule is meant to reflect real-life situations where more than one factor contributed to an injury. For example, imagine you were walking down poorly lit stairs in your apartment building while looking at your phone. If you missed a step and fell because the lighting violated code, a court might find you 30 percent at fault and the landlord 70 percent at fault. In that case, you could still recover compensation, but your total award would be reduced by 30 percent.

On the other hand, if you were roughhousing with friends and jumped down the stairs, causing your own fall, you might be found mostly at fault. If your share of the blame is more than 50 percent, your claim would likely fail under Illinois law.

Comparative fault does not automatically disqualify a claim, but it can lower your recovery. This is one reason why strong evidence and a clear timeline are so important.

What Happens After You File a Claim

Once you decide to pursue a fall injury claim, the process typically begins with a demand to the landlord’s insurance company. Most landlords carry property or liability insurance that covers injuries on their premises. Your attorney will send a formal notice that includes your medical records, evidence of the hazard, and a request for compensation.

In many cases, the insurance company will investigate and make a settlement offer. If the offer is too low or the insurer denies the claim, your attorney may recommend filing a lawsuit in court.

Settlement vs. Lawsuit

Most fall injury cases settle without going to trial. Settlement is usually faster, less expensive, and less stressful than litigation. It also gives both sides more control over the outcome. If the insurance company accepts liability and makes a fair offer, your case can often be resolved without ever setting foot in a courtroom.

However, if the landlord or insurer disputes the facts, denies responsibility, or offers less than your case is worth, filing a lawsuit may be the only option. A lawsuit begins with a formal complaint and then proceeds through several stages:

• Discovery, where each side exchanges documents and evidence
• Depositions, where witnesses are questioned under oath
• Motions, where legal issues are argued before a judge
• Trial, if the case is not resolved earlier

Lawsuits take longer than settlements – sometimes a year or more – but they are sometimes necessary to get fair compensation.

Attorney’s Fees and Contingency Arrangements

Most personal injury attorneys, including those at Brabender Law, work on a contingency fee basis. This means you do not pay anything upfront. Instead, your attorney is paid a percentage of the settlement or verdict if you win. If you do not recover money, you do not owe attorney’s fees.

In Chicago, tenants have an additional advantage. Under the Residential Landlord and Tenant Ordinance, if you sue under the RLTO and win, the landlord can be ordered to pay your reasonable attorney’s fees. This can make it more practical to bring a claim, especially for tenants with moderate injuries who might not otherwise be able to afford legal help.

Understanding how fees work can help you weigh the risks and benefits of pursuing your case. Your attorney will explain the terms clearly before moving forward.

Talk to a Tenant Injury Lawyer Today

If you were injured in a fall on rental property, you do not have to figure out your legal options alone. At Brabender Law, we help tenants across Chicago understand their rights and pursue fair compensation when landlords fail to keep their properties safe. We offer free consultations for injury claims and only get paid if you do. Contact us today to learn whether your case qualifies and what steps to take next.