Can I Seek Damages for an Injury Caused by a Building Code Violation?

 Posted on October 09, 2020 in Slip and Fall

When people venture out on a shopping trip or to eat at their favorite diner, they do not expect to be put in danger of suffering an injury. Public places can include restaurants, office, condominium, or apartment buildings, fitness centers, grocery or clothing stores, and more. These establishments must abide by standard building codes to ensure the safety and security of staff, patrons, and residents. Conditions can be unsafe due to uneven pavement, worn or broken wood, damaged siding, and more. This can cause someone to slip and fall, which can result in minor to serious injuries. In some cases, a victim may be entitled to compensation if a negligent property owner is found to be in violation of building codes.

Premises Liability

Under the Illinois Premises Liability Act, business and property owners have a duty to keep their properties reasonably safe in order to prevent harm to their visitors or guests. If owners fail to take reasonable care, the state of Illinois can hold them accountable for any damages that result in their negligent actions. An amendment to the Act holds property owners to the same standard of care for both individuals who visit a property and that benefits the property owner (invitee) as well as people who come for their own amusement (licensee).

This legislation means that the premises must be properly maintained and void of hazards. If that is not possible, guests must be notified of any known defects or hazards before they enter. If owners or managers do not post adequate signage alerting of potential dangers, this can be considered negligence. The Act applies to visitors who are on the premises legally and are not trespassing.

Common Violations

There are many health and safety codes that are standard to building structures. They regulate the following: fire safety, electrical, construction, plumbing, heating, sanitation, zoning, and noise mitigation. Examples of typical building code violations include:

• Electrical outlet or wiring errors
• Staircases or balconies without handrails or guardrails
• Missing or faulty smoke alarms
• Improper ventilation in bathrooms or kitchens
• Dangerous or unsecured windows
• Defective water heater
• Rotted pipes or plumbing fixtures

Injuries caused by the above conditions can include broken bones from falling, carbon monoxide poisoning, burns from a fire or explosion, among others. In these types of situations, a knowledgeable personal injury attorney can help victims file a personal injury claim.

Contact a Bloomingdale Personal Injury Lawyer

Building code regulations are put in place to maintain safe and secure public places. If these safety standards are violated, there can be serious to fatal consequences for anyone who is on the premises. A reputable DuPage County slip-and-fall injury attorney will review the circumstances of your case and what led to your accident. For more than 20 years, the Law Offices of David W. Clark, P.C., have been helping victims of accidents caused by negligent property owners secure compensation for their pain and suffering. To set up a free consultation to discuss your case, call us today at 630-665-5678.

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57