Chicago Premises Liability Lawyer
If you are injured on someone else's property, they may be legally obligated to compensate you. However, this can be difficult to prove.
It is necessary to establish that the property owner was negligent and that the owner's negligence caused your injuries to win a premises liability case.
At Rosenfeld Injury Lawyers, our personal injury attorneys represent injury victims hurt on property belonging to others, ensuring they receive financial recovery for their damages.
Contact us at (888) 424-5757 (toll-free phone number) or use the contact form today for immediate legal advice and schedule a free consultation.
When a person is injured on another person's property, it involves an area of the law called premises liability.
The principles of premises liability laws are complicated. However, if you were injured through the owner's negligence or mismanagement, you might be entitled to financial compensation.
Chicago Premises Liability Attorneys Can Help You
An experienced Chicago premises liability attorney can file and prove your liability claim.
The property owner and their insurance company might resist settling your personal injury case or could play hardball with their settlement offer.
Therefore, you will need a legal firm on your side that knows the legal process and how to help you secure maximum compensation for your injury.
Contact the Chicago premises liability lawyers at Rosenfeld Injury Lawyers LLC to learn more about your legal rights if you are injured on someone's property through a free consultation.
Proving a Premises Accident
To understand how Illinois law can help you recover, you need to understand some of the legal concepts at work.
Here are a few things to consider:
- A property owner owes at least some duty to people who are legally on their premises.
- Owners must make reasonable steps to provide a safe environment for visitors.
- People do not have an unlimited right to enter another person's property and file lawsuits against the owner.
If you are injured on someone else's property, you may have a valid premises liability case against the owners if negligent parties didn't act with proper care.
Given this expansive area of the law, you may wish to discuss your claim with a premises liability lawyer before you consider filing a claim with the owners where your accident occurred.
Damages in Chicago, Illinois Premises Cases
An injured visitor or surviving family members can pursue a claim against a negligent property owner to seek compensation for economic and non-economic damages.
- Economic damages: Include compensation for medical bills, lost income, rehabilitation costs, and any out-of-pocket medical expenses you have incurred due to your accident.
- Non-economic damages: Include full and fair compensation for pain and suffering, disability, and disfigurement related to your injuries. Illinois courts have repeatedly struck down attempts to cap or limit non-economic damages.
Did your loved one die in an accident on another's property? You could pursue a wrongful death claim to seek compensation for loss of emotional harm and medical bills.
Common Premises Liability Accidents
Premises liability claims can be brought in any one of several circumstances.
Here are some common types of plaintiffs in cases involving injuries on the property of another person or business:
- Invite social guests: If you were a guest on someone's home, business, or property, you might be able to sue if you slipped on the sidewalk or were injured inside the house in a slip and fall accident or another event.
- Pedestrians: People walking on city streets may have a premises liability claim if they trip on an uneven sidewalk.
- Tenants: Could sue their landlords for the residence's condition or any injury like being attacked on the property.
Do you suspect you may have a potential liability claim against property owners? Contact our legal firm for a free consultation with top-rated liability attorneys.
The Duty Owed by the Property Owner
The legal duty that the negligent property owner owes depends on your property status. There are three different types of people present on someone else's property.
The cases often involve:
- Invitees: This is when someone gives either an explicit or an implied invitation for someone else to come onto the property. The most common example is a business owner who holds the store open for shoppers. However, it could also be a homeowner.
- Licensees: These are allowed to go onto the property for their purposes and gratification. It is more likely to be a friend invited for dinner or to play video games.
- Trespassers: Landowners owe very few duties to protect trespassers and avoid unreasonable risk. They must prevent hurting undiscovered trespassers through willful misconduct.
'Foreseeability' in Premises Liability Cases
The primary thing that needs to be necessary for recovery in a premises liability case is that your injury needs to be foreseeable. If the accident that hurt you would have been completely unanticipated by a reasonable person, the owner may not be held liable.
What makes premises liability cases complicated is that each case is very fact-intensive.
For example, suppose you fell down an apartment building flight of stairs due to poor lighting and pursue a premises liability lawsuit against the landlord for your injuries.
In that case, you must establish that the landlord noticed the dangerous condition within a reasonable amount of time to have corrected the situation but didn't fix it. The property owner's inaction led to your pain and suffering.
Common Types of Chicago, IL Premises Liability Claims
Of course, the most common premises liability claim that people think about is the slip-and-fall accident that is the most frequently filed civil claim.
However, there is much more required to hold the owner liable. The defendant can be held legally responsible for various harms that befall you on their property.
Lawsuits Arising from Inadequate Maintenance
Beyond the common slip and fall accident cases, many things can go wrong on private property. One thing is that you can be struck by an object that falls from a room or tree.
Faulty maintenance can also extend to something like an escalator which, if it malfunctions, you could be entitled to compensation.
Inadequate or Negligent Security of Property Owners
A landlord/business owner must provide adequate security for residents and customers and must protect against reasonably foreseeable actions against others.
In other words, the owner must exercise reasonable care to keep the premises and approaches safe through various means, including providing security guards.
You may be able to recover if a dog attacks you on someone else's property. Dog owners must keep their pets from harming others.
This duty is even higher if the animal is even more dangerous than a common dog or roaming free in the neighborhood.
An escalator accident is common in retail stores or shopping mall parking lots where inadequate building maintenance leads to a premises liability injury.
Injured visitors and invitees can obtain compensation for medical treatment, lost wages, and property damage by filing a civil lawsuit for their injuries caused by negligence.
Amusement Park Accidents
These premises liability injuries at amusement parks and theme parks often range from minor harm to fatalities, depending on how the event occurred. A premises liability lawyer from our law firm has represented many injured victims who required immediate medical attention after being severely injured on the property.
All these cases are regulated by the statute of limitations that restrict the time limit the injured victim or surviving family member has to seek justice and file a compensation claim.
Illinois Premises Liability Act
The State Legislature enacted the Illinois Premises Liability Act holding property owners liable for injuries occurring on their property.
The law could hold both commercial and residential property owners liable for injuries.
To hold both the owner and others liable, the injured person must prove the defendants knew or should have known about the hazardous condition causing the injury.
Premises liability lawyers typically prove their personal injury cases by showing:
- Unsafe conditions existed for a long time
- The owner noticed the unsafe or defective condition and never took action to create reasonably safe premises.
- The property owner's negligence led to a failure to repair or warn others
- The injured person suffered injuries as a result of the premises liability accident
These types of premises liability claims can be complex and often require the help of an experienced attorney. Under the law, owners are responsible for injuries on their property.
Here are some types of situations in which Illinois courts have ruled that a homeowner or business owner could be held liable:
- When the sidewalk is in bad condition, and a pedestrian is injured
- When a homeowner knows that their dog is vicious and attacks someone
- When there is a hazardous condition on the property that the owner should have known about
These cases can be complex, so it is important to speak with an experienced accident attorney.
Common Premises Liability Lawsuits
Nearly all liability accidents occur when the owner fails to properly maintain security in a safe environment for all visitors, invitees, and tendons.
Property owners' negligence might include willful and wanton conduct or a failure to warn guests of known hazards and dangers on the premises.
Many of these claims involve injuries occurring at the following localities:
- Swimming pool accidents (drowning and near-drowning when pool owners provide insufficient protection)
- Apartment complex (security problems and slip and fall cases)
- Shopping malls (elevator accidents and escalator accidents)
- Amusement Park (potential hazards and defective rides)
- Restaurants (slip & fall accidents, food poisoning)
- Storefronts (customers injury occurred by falling merchandise)
- Hotels (slip & fall accidents, being assaulted in a room)
- Grocery store (Spilled liquids and icy entryways)
The victim must prove that property owners knew or should have known about the hazardous condition that caused the serious injury.
If you have been injured on another person's property, it is important to speak with an experienced Chicago injury attorney to help you navigate the complex legal process.
How to Prove the Slip and Fall Accidents
Our Chicago personal injury lawyers figured that our law firm would spend some time discussing the premises liability lawsuit since it is the most common legal action.
For example, it can arise if you trip on a sidewalk or slip on a spill walking down the aisle in a grocery store.
There are generally three things that you must prove to be successful in a trip-and-fall case:
- First, the defendant knew or should have known about the hazard or danger.
- Second, even though you exercised ordinary care, you did not know about the threat.
- Third, the defendant had control over the dangerous condition.
It does not mean that the defendant is liable for every single injury. For example, if there is an open and obvious hazard, the court says the plaintiff should have known about the problem.
However, it is also reasonable to expect people to get distracted in a certain store or private property parts.
Your Actions (or Comparative Fault) Can Reduce the Value of Your Premises Liability Lawsuit
Not every injury will result in financial recovery. In other words, the property owner does not act as an insurance company for every injury on their property.
It is the same thing as contributory negligence in a car accident. For example, if you were running down the aisles of a supermarket and fall injuring your back, you may not be able to recover from a fall injury.
The damages may be as much your fault as it was the owner. Another example would be if you dove into a shallow swimming pool with warnings about shallow water.
There is not much that the owner could have done to prevent your injuries in these examples.
The defendant may argue that you were responsible for your injuries. However, Illinois and other states that use a comparative-negligence-based system can recover from your injuries if you were not more than 50% responsible for the accident.
Consequently, you may wish to consult with an experienced premises liability law firm to discuss the legalities that apply to your situation and anticipate defenses that negligent property owners may raise in the claim.
Hiring Chicago Premises Liability Attorneys
Rosenfeld Injury Lawyers LLC has experienced personal injury lawyers who have helped clients negotiate with insurance companies and file lawsuits to recover compensation throughout our practice areas of Cook County, Lake County, DuPage County, and all of Illinois.
If you or a loved one has been injured or someone in your family is a victim of wrongful death, call our firm's offices at our toll-free number or fill out a contact form. In addition, we offer free consultations to discuss your case on a contingency basis.
Call to talk to a real person for real-time assistance or schedule a free consultation that creates a private attorney-client relationship. You pay no legal fees until we secure full and fair compensation for you. Contact a Chicago premises liability lawyer for your free consultation.
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