An association for a condominium complex and its property manager have been cited in a wrongful death claim in Illinois filed on April 11. The suit charges that both were responsible for a man’s fall in February. The civil lawsuit has been filed in Cook County.
The father of the deceased filed a wrongful death suit against both the association that oversees the Wolcott Village Condominium complex and its property manager. The father’s son was injured at the complex when he fell and died following surgery. The amount of the claim exceeds the jurisdictional minimum amount.
On Feb. 14, the son was walking in a shared area of the complex, located in the 4900 block of Wolcott Avenue in Chicago, when he slipped on a patch of ice. According to the complaint filed in a circuit court, the man suffered a fractured ankle. Subsequently, he had surgery on his ankle and died in mid-March of a pulmonary embolism. His death was a complication associated with the surgery.
Determining fault in an accident must satisfy certain requirements. The owner or person responsible for the property, using reasonable forethought, must know that the problem exists and does nothing about it. As in this case, ice accumulation in a shared area of a complex is the responsibility of the landlord or those charged with property maintenance. Neglecting their duty may result in a situation where an individual might be injured. If that person dies as a result of their injury, they may be liable for their death.
If someone dies as a result of negligence, the family may suffer financial hardship because of that due to medical bills, funeral expenses and lost wages. An attorney may assist the family to file a wrongful death suit to recover compensatory damages.
Source: The Cook County Record, “Father sues after son falls, dies following pulmonary embolism“, Whitney Brakken, April 25, 2014