According to Illinois negligence law, suffering an injury on another individual’s premises can be a liability issue for the property owner.
A premises liability lawsuit for financial compensation can be filed when you are injured at another home.
Legally accountable individuals include the property owner and/or manager taking care of the property.
Proving an Injury Claim: Addressing Liability Before Damages Can Be Evaluated
To be successful in an Illinois premises liability case involving a homeowners insurance claim, the victim must prove three specific factors, which include:
- Establishing the homeowner was negligent and breached or failed in their duty to provide a safe environment
- The victim (plaintiff in a lawsuit) must show a direct connection of how the property owner (defendant) violated their duty and caused the injury
- The victim must have suffered damages like medical costs, lost wages, pain or suffering
However, according to Illinois law, property owners are not automatically responsible for compensating the injured victim. State tort law says that the defendant must be responsible for injuries occurring on their property only when proving they were at fault in causing the victim’s injuries.
Determining whether the accident was the property owner’s fault requires extensive legal analysis. Because of that, many individuals will hire a reputable personal injury attorney specializing in premise liability cases.
Compiling Evidence to Support a Premises Liability Lawsuit Against a Homeowner or Property Owner
An experienced attorney will compile the evidence to support a premises liability lawsuit or claim. However, the injured victim must report the accident or incident to the property owner or manager just after it occurs.
All communication between the victim and the property owner must be done in writing whenever possible. If written communication is not possible, an initial phone call after the incident will be crucial to obtain compensation through the homeowner’s insurance claim.
The injured victim should discuss in detail all aspects of how they were injured on the premises, including where it happened, what happened, and a description of all injuries.
What to Do When You Are Injured
When you are injured on someone’s property, collect every name, phone number, and address of all witnesses.
If possible, take a sample of any objects causing the injury, and seek medical help immediately. If you are injured in a slip-and-fall accident, place all clothing and shoes worn during the incident in a safe storage location.
It is crucial to never provide the property owner with a written or recorded statement concerning the incident until advised to do so by an attorney. However, photographs should be taken of the area to ensure that the problem causing the incident was not fixed, repaired, or eliminated before being documented.
Contact a lawyer before talking to any insurance carrier or signing any papers. This effort could protect your rights from compensation for losses, medical expenses, missed work, pain, and suffering.
Common Injuries Falling Under a Homeowners Insurance Policy
Common areas for accidents happening on other homeowners’ property include:
- A slip on their driveway
- Falling down there are stairs (see here)
- Falling off backyard playground equipment or trampoline (look here)
- Receiving a dog bite
- Drowning or near drowning in the neighbor’s pool (view pool drowning page)
Oftentimes, individuals are hurt on another homeowner’s property due to obstruction or surface issues leading to a slip and fall. Some of these include:
- A fall caused by uneven sidewalk pavement
- Slips caused by accumulated snow or ice
- Injury in the house by tripping over unworn, raised, or torn carpeting
- Slips and falls caused by inadequate lighting
- Slips and falls caused by beverages are food on the floor
- Tripping over electrical wires or cords
- A fall caused by slipping on the wet pavement around a backyard swimming pool
What to Expect from an Attorney Handling Your Case When You Are Injured at the Home of a Friend or Family
In some situations, the victim might not have a solid legal case to present against the property owner. However, they are often entitled to specific medical benefits that can be obtained through a homeowners insurance claim. A skilled attorney can use legal means to help determine who possesses the property.
Premises possession often involves:
- Individuals occupying the land and property with the intent of controlling it
- Individuals are entitled to immediately occupy the premises if no others have possession
Rosenfeld Injury Lawyers, LLC offers an initial consultation free of charge to evaluate the case. They offer their services with no upfront costs. Working on consignment, the lawyers can investigate the incident, interview witnesses and collect essential evidence to prove the claim.
Having a seasoned attorney provide legal counsel to the victim is essential when navigating through the complex Illinois legal system to receive adequate recompense. Call the law firm at (888) 424-5757 for a free legal evaluation.