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Inadequate Maintenance

Duty to Maintain Premises

According to the law, property owners have a duty to maintain real property in a reasonably safe condition. This includes both the land itself and any improvements (fixtures, structures, and buildings), as well as landscape elements which include trees, ponds, bridges, and pathways.

The law makes no distinction between man-made hazards and natural ones. This means that the property owner (or the person(s) in control and possession of the property) should be aware of, and eliminate, naturally occurring hazards as well as unreasonably dangerous defects in the physical structures on the property.

Trivial Defects

Landowners, or the person(s) in control or possession of the land, may not be held liable for damages under a premises liability or negligence theory for injuries resulting from “trivial defects.” Trivial defects are defined as hazards that are considered to be so insignificant that a reasonable person would not take steps to remediate them in order to prevent injury.

Nevertheless, landowners should never assume that any defect is trivial without consulting legal counsel or a qualified professional. If someone becomes injured, the determination as to whether or not the defect is “trivial” will be left up to a trial court, not a jury. The decision will be made after the facts and circumstances of the specific case are reviewed. For this reason, it may be advisable for the landowner to consult an expert before an incident occurs, or simply fix the problem in the first place.

Failed Maintenance

If you or someone you care about becomes injured due to hazardous conditions on someone else’s premises, you should speak with a dedicated premises liability lawyer. If the property owner, or the person(s) in control and possession of the property, failed to maintain the premises in a safe condition, he or she may be held liable for any damages you have incurred.

Find an Attorney at Shea Law Group

At Shea Law Group, we have handled hundreds of premises liability cases and we have the experience necessary to ensure you receive the compensation you are entitled to. When you suffer any injury due to someone else’s carelessness or negligence, no matter what the circumstances, you should not suffer financial injury as well. Know your rights. Give us a call at (877)-365-0040 to speak with a knowledgeable Chicago personal injury attorney today. We never charge a dime unless we win your case for you.