Possible Slip and Fall Claim

[Joshua Burke]

We've had a brutal winter in Chicago this year! Lots of snow and ice.

So a tenant in one of our building's rents an illegal basement apartment. We bought the building in Oct and inherited the tenant - I didn't want to kick them out in winter. His rent is dirt cheap and he has no lease in place.

A week after receiving notice that he will be asked to leave come 03/31, and he claims a slip an fall - he can't move because he's hurt. There is a wife a child, so I empathize.

My attorney says that insurance will handle this. But I'm thinking just to offer the guy some cash to move.

Thoughts? Similar experiences?

Many Thanks

JB

[Mark Doyle]

Joshua,

First, you need to be careful about offering to settle without reporting the claim. It could be a violation of your insurance policy. They may never catch wind of it, but let's say someone else slips and falls, the insurer defends and at a deposition you disclose this prior slip and fall. Now the insurer knows and may have an avenue to deny coverage on the new claim. Just something to think about.

Slip and fall cases are very difficult for an injured person to win in Illinois. They had to have slipped on what is called an "unnatural accumulation of ice/snow". For example, a gutter directed to drain onto a sidewalk causes a frozen mess. If it snows and they slip on what fell from the sky, they can't recover. You are also protected by the Illinois Snow and Ice Removal Act, which is very favorable to residential real estate owners. http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2084&ChapterID=58

I would report to your insurance company and let them defend it. In the meantime, you can offer him some cash to move and get him out of there. Or start an eviction action. Chances are, if the insurance company fights the slip and fall, he won't recover.

Another thing to consider is if you offer him cash to resolve the slip and fall, and you are not using your insurer or attorney, are you going to have a valid release where he can't turn around and sue you anyway? It is just safer to report to insurance and take care of removing him from the building yourself.