Exceptions to Property Liability

It is important that you know the property owner, or the party responsible for the property at the time of your accident, is not always liable for injuries suffered on their premises. There are several exceptions to premises liability in Illinois.

  • Trespassers: If you were trespassing on someone else’s property when you were injured, the property owner may not have had any duty of care toward you, and therefore, may not be liable for compensating you.
  • Open and Obvious Dangers: Under the Illinois Premises Liability Act, property owners do not have a duty to warn people about dangers that are open and obvious or that they could reasonably expect you to discover yourself.
  • Warning Signs/Disclaimers: If a property owner had a visible sign stating it was not responsible for accidents, then the owner may claim you accepted the risk of being on the property or participating in a certain activity. By accepting that risk, the owner may not be responsible for your injuries.
  • Unknown Defects: The Illinois Premises Liability Act states the property owner does not have a duty to warn about latent defects in the property or dangers the owner does not know about. In other words, if you were injured because of a hazard that the owner could not reasonably have discovered, the owner is not liable.
  • Misuse of the Property: Additionally, under Illinois law, property owners are not responsible for warning you or protecting you from your own misuse of the property.

All of these factors are potential defenses for property owners, and because of them, it is best if you are represented by a highly experienced and skilled attorney when you pursue compensation under Illinois premises liability law.


Premises Liability Statute of Limitations

For all types of bodily injuries and wrongful death claims in Illinois, there are time limits on how long you have to file. Typically, you have two years to file a lawsuit for a premises liability claim. You also have two years to file a wrongful death lawsuit after a loved one is killed in a dangerous property accident. To ensure you meet this deadline, call our Springfield premises liability lawyers as soon as possible.


Contact Staver Accident Injury Lawyers, P.C. Today

If you believe a Springfield business or individual property owner or tenant is responsible for your current injuries, never hesitate to seek legal advice. It never hurts to talk with a lawyer about your situation, your legal rights, and options. If you have a valid premises liability claim, then a Springfield liability attorney from Staver Accident Injury Lawyers, P.C. can represent you during the insurance claim and litigation process.

For answers to your premises liability questions, call (217) 528-9955 or use our online contact form to schedule a free, no-risk consultation.