Property owners, tenants, managers and supervisors are responsible for providing a safe environment to ensure that no one on the premises is physically endangered. However, because of the high cost of maintenance, repair or replacement of building materials, those in charge will often cut corners, ignore the problem or disregard their legal duties. Many individuals suffer serious injuries and die because of negligence, carelessness or intentional actions of others. As a result, surviving family members will often file a premises liability wrongful death lawsuit seeking compensation.
Filing a lawsuit cannot diminish the grieving process or bring a loved one back. However, any individual in charge of a property that disobeys the rules and breaks the law needs to be held legally accountable. Violating building codes and ignoring public safety is often a complete disregard for the well-being of others who are placed at risk of injury or death.
A vast majority of premise liability wrongful death lawsuits involve numerous factors that include:
- Exposure to harmful chemicals and toxins
- Explosion, smoke or fire
- Animal attack including dog bites
- Injury from water leaks, flooding or spills
- Building collapse including porches, porch railings and ceilings
- Trips and falls
- Slip and falls
- Inadequate lighting
- Housing code or building code violation
- Uneven surfaces, unprotected potholes, icy parking lots and slippery sidewalks
- Physical attacks, assaults and sexual assault
- Negligent or missing security
- School or day care injury
- Drowning or swimming pool accident
- Any failure to properly maintain or repair the premises
Impact of Illinois Premises Liability Tort Law on Chicago Wrongful Death Cases
Premises liability involves Illinois' tort law concerning duties of property owners, tenants, occupiers, managers and others required to protect invitees from any defect or dangerous condition on the property. Most premise Chicago premises liability lawsuits are successful in proving negligence when parties at fault have breached their responsibilities and caused the death of a visitor.
Usually, a premises liability wrongful death lawsuit is brought against management and owner personnel in charge of operating and maintaining any establishment open to the public including a place of business or residential home. This includes:
- Shopping centers
- Grocery stores
- Parking garages
- Golf courses
- Schools, colleges and universities
- Day care centers
- Hospitals and medical facilities including nursing homes
- Hotels and motels
- Residential homes
- Community centers
Killed by an Intentional Act
In addition to ensuring that the property is well maintained and free from any defective building material, premises liability extends to any intentional act occurring on the site that causes the death of another. Family members of a loved one killed by an intentional act of others while visiting a property might have the opportunity to seek financial compensation through a premises liability wrongful death lawsuit.
Through tort law, the property owner, tenants and others might be held legally accountable even if no special relationship existed between the party killed and the assailant. However, only a skilled attorney specializing in premise liability cases can explain all legal options for seeking compensation.
Attorneys Committed to Proving a Dangerous Condition at a Premises Caused a Death
A skilled attorney must prove the case by demonstrating how any individual in charge of the premises knew, or should have suspected, a hazardous condition existed. As an example, property owners and others might be held legally liable for an accident occurring on an icy or snowy sidewalk in front of the premises not cleaned after reasonable length of time following a storm.
If the accident or incident causing the death of a loved one through negligence on another’s premises, it is crucial to hire a skilled personal injury attorney who specializes in premises liability wrongful death cases. Rosenfeld Injury Lawyers can protect your family’s rights and file an Illinois premises liability suit or claim on your behalf if you are the parent, spouse or child of the deceased, or the executor of their estate.
We can assist you in pursuing compensation to recover funeral and burial expenses, any hospitalization or medical costs, loss of consortium and companionship, loss of future potential earnings and inheritance, and possibly, punitive damages. We accept premises liability wrongful death cases on contingency. Call our law offices at (888) 424-5757 to schedule your free, no obligation consultation to discuss your claim for recompense. We can accept your case on contingency, meaning we provide our legal services without you paying any upfront fees.