Is There a Premises Accident Case Toolkit?
Yes, we have compiled the following documents to better serve you for a potential premises liability lawsuit.
Rosenfeld Injury Lawyers LLC represents victims of a premises accident and other types of professional negligence. Our law firm has successfully prosecuted cases for our clients who were injured by the negligent actions of others. Our attorneys are available to answer any legal questions on how to receive the monetary compensation you deserve if your injuries were a result of someone else's negligence. Should you have additional questions, we invite you to contact our office for a free review of your legal rights. Our qualified attorneys are experienced in personal injury litigation and can walk you through every step of the legal process.
Defining Premises Liability
Premises liability lawsuits are built on the legal theory that someone was injured because of a defective or unsafe condition on another's property. Nearly every personal injury case is based on the negligent act of another.
Proving a Premises Liability Claim
If you, or a loved one, were injured on another's property, you must prove your case in court to obtain financial compensation to recover your damages. By law, the owner, manager, or supervisor of the premises had a legal duty to ensure that the property, open space, or structure was a safe and secure environment for invitees, visitors, occupants, and others. Not following the legal requirement can result in accidents that caused harm to unsuspecting victims.
Even though the accident might have caused a catastrophic injury or a wrongful death, receiving compensation is not automatic. The victim or surviving family members must meet specific criteria to gain the right to file a premises liability claim. To win their case, they must prove four elements that include:
- The defendants in the case legally owned, managed, or supervised the property at the time of the event.
- The defendants were negligent in their care of the premises.
- The negligent actions of the defendants led to the plaintiff's injuries or wrongful death.
- The plaintiff's injuries are real.
The plaintiffs can usually win their case if they can establish that the defendant was the owner, manager, or supervisor of the premises and failed to fulfill their duty of care. By not fulfilling their duty, they never warned visitors of any latent, known, or dangerous hazard on the premises that would not have been obvious to identify or discover. Their legal responsibility extends to the condition of the premises at the property owner, manager, or supervisor knew or should have known had they exercised reasonable care in maintaining the property.
The plaintiff, or his or her attorney, must demonstrate that it was the careless behavior or negligent actions of the defendant that led to their severe injuries. This evidence might be presented at a doctor's testimony who can attest that the plaintiff's damages are severe and were the consequence of the event. The doctor might also show that the plaintiff requires ongoing medical treatments, rehabilitation, and therapy's that will have a lifelong impact on his or her life.
Complicating a Lawsuit for Compensation
There are certain circumstances that can complicate the outcome of a lawsuit including the status of the plaintiff when the accident occurred. The victim will need to prove that they were a licensee or invitee on the premises at the time of the event and not a trespasser. The law protects invitees in premises liability lawsuits who can prove that they were invited onto the defendant's property. The law provides less protection to a licensee than an invitee when they have received implicit permission to access the purposes as a family member or friend.
However, the law provides only limited protection to trespassers on the property who were injured during an accident or event because they were never invited or had no license to be on the premises. The law does protect young trespassers who might have wandered onto the property through enticement or curiosity.
Common Types of Premises Liability Lawsuits
The premises liability injury attorneys at Rosenfeld Injury Lawyers LLC have represented many clients who were injured on another's property due to negligence, a lack of maintenance, or other hazardous condition. Most of our cases have involved:
- Slip and fall events involving wet surfaces
- Ice and snow accidents
- Broken stairways and staircases
- Unsecured carpets and rugs
- Broken doorway thresholds
- Nursing home neglect involving a lack of maintenance
- Electrocution by dangerous extension cords
- Defective conditions on the property
- Broken or loose tile on floors, stairs, and steps
- Broken sidewalks
- Dog bites and animal attacks
- Escalator and elevator injuries
- Insufficient building security that resulted in assaults and injuries
- Fires and electrical hazards
- Drowning and swimming pool injuries
- Flooding caused by natural causes or water leaks
- Amusement park injury
- Exposure to toxic chemicals and fumes
- Injury and death caused by an insufficient workplace safety training
Insufficient Building Security
Property owners and managers must provide every worker, tenant, or visitor at an office space, building structure, or apartment complex a safe environment. Unfortunately, many facility's lack of adequate security guards to ensure safety at all times. If someone breaks into a structure or walks on the property because there is minimal or no effective security and assaults or kills another, the property owner and manager could be held legally liable in a premises liability lawsuit.
An unsecured or unsupervised pool can be an invitation to a catastrophic injury or wrongful death. Because of that, states enact laws, municipalities, and create ordinances that require property owners to install a fence around any open body of water including the swimming pool. In addition to installing a secure barrier around the pool, the property owner must also mount a lock on the gate that is impossible for a small child to access. If the pool is left unguarded and the gate open, the individual responsible for the premises may be held legally accountable for any injury or death caused by drowning.
Frequently Asked Questions about Premises Liability Cases
- Who can I hold accountable under premises liability law if I was injured on their property?
The property owner, manager, or supervisor of the premises is typically the individual responsible for any injury or death that happens in any building or on the land. However, others might also be at fault for negligence, like a security company or janitorial service where the negligence of one of their employees leads to the injury or wrongful death event. That said, if it was your negligence that led to your injuries and the court deems that you are 100% responsible for your harm, you do not have the legal right to file a case for compensation.
- Do I still have a claim against a business owner if my injuries were the result of another person on their property?
Your claim is likely still valid. Typically, the property owner has the responsibility to ensure you are protected against any wrongful act caused by anyone on their premises. This responsibility extends to any threat of injury that was predictable or foreseeable. However, in your case, you must show that the owner should have anticipated others would perform wrongful conduct and took no action.
- Can I wait to file my premises liability lawsuit?
Time is always of the essence in filing a civil lawsuit. According to premises liability laws in Illinois, you generally have two years to file a claim for compensation from the date the incident that led to your injuries occurred. That said, some extenuating circumstances can extend that time limit if you can prove that there was a delay in discovering your injuries. As an example, you may not have known that you were injured after exposure to toxic chemicals or fumes on the premises until years after the event happened.
- I suffered injuries at a neighbor's home. Do I have legal options other than suing my friend?
More than likely, you will need to file a claim against your friend's homeowner's insurance policy to ensure you are seeking to obtain financial compensation for your damages. If the total amount of your damages is less than the policy's coverage, your friend will not suffer any financial burden in resolving your case.
- The property owner says the accident was my fault. What can I do?
As a way to circumvent the legal process, the property owner, manager, or their insurance company might argue that the victim was completely, or partially, responsible for their injuries on the property. In these incidents, the defendant's attorney is using “comparative fault” law to show that the plaintiff contributed to or caused their own injuries. The plaintiff's attorney can take action to show that the defendant's legal strategy is not valid. Your attorney might be able to prove that:
- The victim was lawfully on the property when the accident happened or had a legitimate reason to be on the property at that dangerous location.
- The plaintiff never had the ability to notice that there was an existing hazard on the premises.
- The victim was never distracted by texting or talking on a smartphone or performing any other activity where they would have noticed the dangerous environment.
- There were insufficient warning signs in the area, or the property owner/manager ignored necessary safety measures that could have eliminated the dangerous condition.
The plaintiff's attorney must show that the accident was not caused by the victim's carelessness or reckless actions. A competent lawyer will show that the property owner or manager created an unsafe environment through improper maintenance, a lack of knowledge of the dangerous condition, or failure to maintain their duty of responsibility to visitors, tenants, and workers.
What Else Might Need my Premises Suit?
Rosenfeld Injury Lawyers LLC can make sure that you have every tool and resource at your disposal to secure the recovery that you deserve under the law. Also, we can help you on contingency which means that you only pay if you are satisfied with the award or settlement. Call our offices to learn more and to start down the path to recovery today.
Our attorneys understand that the injuries you received on another's premises were not your fault what caused by the negligent actions of others. Our law firm has successfully obtained millions on behalf of the victims and their family members to ensure they were adequately compensated to cover their medical expenses, household bills, lost wages, loss of future earnings, pain, suffering, and emotional damage and we can help your family too.
Our legal team encourages you to contact our attorneys today to schedule a no-obligation case consultation to discuss the merits of your monetary recovery claim at no charge to you or your family. Our lawyers accept all personal injury cases, wrongful death lawsuits, and premises liability injury claims through contingency fee arrangements. This legal contract postpones the payment of legal services until after we have successfully completed your case through a negotiated settlement or a jury verdict.
Our law firm gets results quickly because we understand you need money now. We proudly offer every client a “No Win/No-Fee” Guarantee, meaning if we are unable to secure financial compensation on your behalf you owe us nothing. All information you share with our law office will stay confidential.
For additional information see the following pages:
- How Can Rosenfeld Injury Lawyers LLC Help My Premises Case?
- What Are Premises Accident Laws?
- What Are Premises Accident Statistics?
- What Are The Most Common Premises Accidents And Offenders?
- What Can I Recover in a Premises Accident Case?
- What Have Other Premises Accident Victims Recovered in Court?
- What Should I do After Im in a Premises Accident?