When you visit someone else’s property, whether it’s a public park, a commercial space, or a private residence, you expect a reasonably safe environment. However, poorly maintained landscapes can create serious hazards that lead to accidents and injuries. Landscape hazards can be especially dangerous, such as fallen branches, exposed electrical cables, unlit pathways, and unprotected water features like ponds or ditches. If you’ve been injured due to a landscape hazard, you may be entitled to compensation. At Stein & Shulman, we’re here to help you understand your rights and take action against negligent property owners.
Common Landscape Hazards That Cause Injuries
Many different types of hazards in outdoor spaces can lead to accidents. Some of the most common landscape dangers include:
- Fallen Branches and Debris: After a storm, property owners must promptly clear fallen branches, leaves, or other debris from walkways and parking areas. If a property owner fails to maintain trees and remove hazardous limbs, falling branches can injure pedestrians or damage vehicles.
- Exposed Electrical Cables: Exposed or poorly marked electrical lines pose a serious risk of electrocution. These hazards often arise from temporary lighting setups or faulty maintenance. Whether at a public park, a business, or a construction site, property owners must ensure that electrical hazards are clearly marked or removed.
- Inadequate Lighting: Poorly lit walkways, parking lots, and entrances can cause people to trip or fall, especially in areas with uneven terrain or obstacles. Injuries from falls in dark areas are preventable when property owners install proper lighting and maintain light fixtures.
- Unfenced Ponds, Ditches, or Water Features: Property owners are responsible for securing dangerous areas like ponds, ditches, or water features. These areas must be roped off or fenced, especially in locations frequented by children. An unmarked or unprotected water hazard can result in drowning or other severe injuries.
- Uneven Ground and Hidden Obstacles: Uneven sidewalks, holes, and hidden obstacles in grassy areas can cause slip-and-fall accidents, leading to sprains, fractures, or even head injuries. Property owners are expected to maintain safe walkways and promptly repair any hazards.
Proving Negligence in Landscape Hazard Cases
In order to pursue compensation for an injury caused by a landscape hazard, you must prove that the property owner was negligent. In legal terms, negligence occurs when a property owner fails to take reasonable steps to ensure the safety of their property. To establish negligence, several factors are typically examined:
- Duty of Care: Property owners owe a duty of care to visitors, which means they are required to maintain their property in a reasonably safe condition. This applies to both private and commercial property owners.
- Breach of Duty: If the property owner fails to address or repair a known hazard, they may be in breach of their duty of care. For example, if a property owner knew about a fallen branch blocking a walkway but failed to remove it, this could constitute a breach.
- Causation: You must demonstrate that the property owner’s negligence directly caused your injury. If you slipped and fell due to a poorly lit walkway or tripped over an unmarked ditch, the property owner’s failure to address these hazards would be a key factor in your case.
- Damages: Finally, you must show that you suffered actual damages due to the injury. This includes medical expenses, lost wages, pain and suffering, and any other costs related to the accident.
Compensation for Landscape Hazard Injuries
If you’ve been injured due to a landscape hazard, you may be entitled to several forms of compensation, including:
- Medical Expenses: This covers all medical costs related to your injury, including emergency room visits, hospital stays, surgeries, physical therapy, and ongoing treatment.
- Lost Wages: If your injury prevents you from working, you can seek compensation for lost income, both for the time you’ve already missed and for any future loss of earning capacity.
- Pain and Suffering: In addition to physical injuries, you may be able to recover compensation for the emotional and psychological toll the accident has taken on your life. This is particularly relevant if your injuries result in long-term or permanent effects on your mobility and quality of life.
- Property Damage: If the landscape hazard caused damage to your personal property, such as a vehicle being hit by a falling branch, you may be able to recover the cost of repairs or replacement.
Contact Stein & Shulman, LLC for a Free Consultation
If you’ve been injured due to a landscape hazard, don’t wait to seek legal help. Contact Stein & Shulman for a free consultation today. Our team will evaluate your case, explain your legal options, and help you take the next steps toward recovering compensation for your injuries. We serve clients throughout Northbrook, Buffalo Grove, Glenview, and the greater Chicago area. Let us handle the legal details while you focus on your recovery.
