Illinois Premises Liability Attorney & Liability Lawyer

What Is Premises Liability?

Many people are not familiar with premises liability law and claims for damages. These cases revolve around people being injured on the property of others. Our legal system requires that we all take reasonable steps to prevent needless injuries from befalling others. If someone fails to do this, they can be sued for damages.

A premises liability claim is based on the argument that you were injured because the owner or operator of a place you visited failed to take reasonable steps to protect you from unnecessary harm. Like any other negligence case, your premises liability claim will require a strong argument that the other party was careless.

Your liability lawyer will have to show the following elements to secure compensation:

• The other party owed you a particular duty of care – When we are legally visiting someone else’s home or business, they owe us a duty of care. This involves taking ordinary steps to make the property safe and warning us of a dangerous condition that we would not be expected to discover on our own.
• The other party breached this duty – The owner or occupier failed to uphold this duty of care. Perhaps they clearly left dangerous wiring exposed, or they neglected to warn you about a toxic substance.
• Your injury was caused by the breach – Even if the property owner or operator failed to uphold their duty of care owed to you, it must be shown that this was the direct cause of your injury.
• You suffered damages – Specifics of your damages must be shown. This includes medical bills along with testimony regarding the pain and suffering you endured.

Visitors Covered By Premises Liability Law

Many states differentiate between legal visitors when considering their premises liability claims. For example, some courts will consider the difference between an invitee and a licensee. In these cases, an invitee is owed a higher duty of care than a person who licenses out the right to use another person’s property. However, Illinois Premises liability Act abolishes this difference and considers all legal entrants as having the same rights. Regarding an unwelcome entrant, a property owner only owes a trespasser the duty of refraining from willful and malicious actions that would seek to harm a known trespasser.

Children receive additional protection from Illinois premises liability law. The state considers them to be unable to recognize certain dangerous situations. Therefore, property owners must take steps to make sure that minors are not needlessly hurt on their property. Trespassing children have extra protections when it comes to situations considered to be attractive nuisances. These cases involve children being enticed to trespass on a property where they do not fully comprehend the dangers. For example, the owner of an inground pool may be considered negligence if they failed to install a fence to protect a child who wanders onto their property.

Unique premises liability claims may emerge from incidents where a person is injured by another in an establishment that serves alcohol. If you are hurt by the actions of an intoxicated person at a bar or nightclub, Illinois Dram Shop Act may allow for you to seek damages from the property operator. Dram Shop Law is based on the principle that those who serve alcohol in a public venue must be responsible for making sure that their property does not become needlessly dangerous.

If you were hurt by an impaired person while on another’s property, you can recover damages if:

• The person who caused the injury was intoxicated at the time
• The property operator sold or gave alcohol to the intoxicated person
• The alcohol consumed caused their intoxication
• The injuries you suffered were at least in part caused by the intoxication

Common Premises Liability Accidents In Illinois

You can be injured in virtually countless ways when you are someone else’s property. Many injuries are caused by what people might call a “freak accident.” However, if the owner or occupier was careless in not warning you of the danger, then they can be held liable. We have seen various types of premises liability claims, and while no two cases are the same, the most common examples are:

• Slip and falls – People who invite others onto their property must make sure the flooring is safe and secure. Many Illinois residents are injured every year after falling due to uneven floors, loose steps, and hard to see obstructions.
• Swimming pool accidents – Pools require a lot of maintenance and safety measures to prevent needless injuries. Failures to warn, uncontrolled crowds and excessive chemicals are some of the many ways swim area can be dangerous.
• Child care and daycare negligence – Those who operate child care facilities must take all necessary steps to make sure the property is not unreasonably dangerous to small children. Minors cannot always fully comprehend the dangers present, and they deserve additional measures taken for their safety.
• Negligent security – Illinois has hundreds of venues for shows, parties, and sporting events, not to mention hotels and other places where you are considered a guest. If proper security is not provided, then these places can become very dangerous.
• Snow and ice – Property owners are responsible for the snow and ice that they shovel or otherwise remove from their common areas. Furthermore, landlords may be required to clear snow and ice through lease agreements or local ordinances.
• Elevator and escalator failures – These powerful machines that we sometimes take for granted. If they are not properly maintained or when elevators and escalators fail, serious limb damage and even death can occur.
• Gym and fitness center accidents – A gym must have equipment that is not particularly dangerous for its users. Furthermore, gyms must have reasonable first aid available for those who sustain an accident or medical emergency.