Illinois Premises Liability Lawyer
In Illinois, property owners are required to ensure safe premises. They should address known hazards or provide sufficient warnings to visitors. A premises liability case can arise when the owner fails to maintain safety, resulting in injury to a guest on the property.
If you or a loved one was injured on someone else’s property due to a dangerous condition, you may hold the owner liable. Victims injured in unsafe premises can seek compensation for medical bills, lost income, pain and suffering, property damage, and other losses.
Contact our law firm and schedule a free case evaluation. Let us assist you in filing a premises liability lawsuit and hold negligent parties accountable.
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Contact our Illinois premises liability lawyers to schedule a free consultation. All confidential or sensitive information shared with your Illinois premises liability lawyer remains private through an attorney-client relationship.
Nationwide Premises Liability Statistics
Jury Verdict Research reveals that the average premises liability verdict amounts to $643,099.
However, Bureau of Justice statistics indicate that only about 39% of premises liability cases are successful.
Annually, the U.S. Department of Justice reports around $4 billion awarded for premises liability injuries, with 6% of cases resulting in punitive damages.
On average, premises liability cases in the United States last 24 months.
In 2019, there were 26,928 real property, contract, and tort trials, with 60% involving personal injury.
The American Bar Association data shows that 75% of premises liability cases involve slip-and-fall or trip-and-fall accidents.
The National Safety Council studies suggest that poor maintenance or inspection is responsible for 35% of premises liability incidents.
Falls, slips, and trips are a leading cause of death in construction, accounting for 423 of the 1,056 construction worker fatalities in 2022.
In 2021, falls resulted in 850 worker deaths, with many more sustaining serious injuries.
The U.S. Bureau of Labor Statistics reports 5,486 fatal work injuries in the United States in 2022, a 5.7% increase from 2021.
What is “Premises Liability” in Illinois?
Premises liability law in Illinois requires property owners and managers to maintain safe conditions on their property. This legal area covers a variety of accidents such as slips and falls, elevator mishaps, stairway accidents, animal attacks, and more.
Property owners owe different levels of care to visitors based on their classification: invitees (business visitors), licensees (social guests), or trespassers (those without permission). Owners must fix or warn invitees and licensees of potential dangers. Although they can’t harm trespassers intentionally, they usually owe no duty to protect them unless children are involved.
What are the Types of Premises Liability That Happen in Illinois?
In Illinois, premises liability accidents can occur in various situations where property owners fail to maintain safe conditions for visitors. These cases often involve negligence on the part of the property owner or manager, resulting in injury to a guest or tenant.
Here are the common types of premises liability accidents that can cause mild to life-threatening injuries:
- Slip and fall incidents are caused by wet floors, uneven surfaces, or poorly maintained walkways.
- Trip and fall accidents resulting from loose carpeting, cluttered walkways, or uneven pavement.
- Inadequate security where visitors suffer harm due to a lack of security measures, such as lighting, surveillance, or security personnel.
- Dog bites or animal attacks occur when pet owners fail to control their animals on the property.
- Structural defects including loose railings, broken stairs, or collapsing balconies.
- Elevator and escalator malfunctions causing injuries when these systems are not properly maintained.
- Toxic exposure from mold, asbestos, lead paint, or other hazardous materials.
- Swimming pool accidents involving a lack of proper fencing, supervision, or maintenance.
- Falling objects such as debris from construction or poorly secured items in stores.
- Parking lot accidents including poor lighting, potholes, or other hazards that lead to injuries.
- Amusement park accidents resulting from malfunctioning rides or lack of safety measures.
- Fire safety hazards such as blocked exits, faulty fire alarms, or lack of extinguishers.
- Restaurant and kitchen accidents including burns from hot surfaces or injuries from slippery floors.
- Gym and fitness center accidents due to defective equipment or poor maintenance.
- Retail store accidents including injuries from falling merchandise or poorly designed displays.
Consulting with a skilled premises liability lawyer is important for ensuring victims receive the justice and compensation they deserve for their injuries and financial damages.
Which Parties are Liable for Injuries in Premises Liability Case?
Liability for injuries caused by unsafe property conditions can be tricky, as multiple parties may share responsibility in a premises liability case.
Common parties that may be held liable in an Illinois premises liability claim include:
Property Owners
Owners of residential, commercial, and business properties have a duty to maintain safe environments for lawful visitors.
Property Managers
Property managers who oversee the maintenance and safety of a property may also be held liable if they were negligent in their duties and this negligence led to premises liability injuries.
Tenants/Occupants
Lease agreements can establish whether tenants are accountable for property upkeep. For instance, property owners might manage common areas, while businesses renting space may handle spill cleanups, equipment maintenance, and aisle clearance.
Management Companies
Property managers might oversee property maintenance and hazard prevention. Contracts between owners and management companies clarify who is liable for personal injuries.
Security Companies
If the security company were negligent in performing their duties, such as failing to patrol the property, respond to threats, train or supervise employees, or prevent possible harm, liability can arise if their actions caused a personal injury on the premises.
Property Maintenance Companies
Businesses may hire external companies for cleaning or maintenance tasks. If these companies fail in their duties of following safety and cleanliness standards, they may be responsible for premises liability injuries resulting from their negligence.
What Are the Injuries Sustained in Illinois Premises Liability Accidents?
In Illinois premises liability cases, victims can experience a variety of injuries due to a property owner’s negligence. Our personal injury law firm has helped clients with injuries such as:
- Fractures and dislocations
- Deep cuts, punctures, and amputations
- Spinal cord trauma
- Traumatic brain injuries and concussions
- Open head wounds
- Neck and back damage
- Soft tissue injuries
- Sprains and strains
- Drowning or near-drowning incidents
These are just a few examples of the types of injuries that can occur. Consult with our Chicago premises liability lawyers for advice tailored to your specific situation.
6 Steps to Take After Getting Injured in an Unsafe Premises in Illinois
After suffering a premises liability injury, taking certain steps can help ensure you recover compensation for your losses. Here’s what you should do:
Step 1 – Document the accident scene, and capture photos or videos of the accident site and any unsafe conditions.
Step 2 – Gather contact details and statements from witnesses who saw the accident or hazards.
Step 3 – Preserve evidence, for example, any clothing or shoes you were wearing during the incident as evidence; avoid washing or altering them.
Step 4 – Report the accident to the property owner promptly and obtain a police report if necessary.
Step 5 – Seek medical attention even if injuries seem minor, as medical records establish the cause and severity of your injuries.
Step 6 – Consult an Illinois Personal Injury Attorney before signing any documents or accepting settlements.
Some property owners and their insurance companies might attempt to hide unsafe conditions or shift responsibility onto the premises liability victims. Collecting evidence and following the above steps can help you secure compensation for your losses.
Time Limits for Filing a Premises Liability Claim in Illinois
Illinois has specific legal time limits, known as statutes of limitation, for when victims can file civil claims against negligent parties. For premises liability claims in Illinois, the statute of limitations is two years from the date of the injury.
Victims must file a claim against the allegedly negligent party within this two-year period to seek compensation. Missing this deadline can prevent victims from receiving compensation for their losses.
Talk to an experienced premises liability lawyer who is knowledgeable about Illinois statute of limitations law.
Premises Liability and Dog Bites in Illinois
Illinois’s strict liability law holds property owners responsible for dog bites on their property, even if the dog has no history of biting. Exceptions include bites involving adult trespassers, police dogs, or guard dogs protecting a commercial property.
Property owners must take reasonable care to prevent harm from their pets, particularly to legal visitors such as delivery people, postal workers, or neighbors. Dog owners are responsible for their dog attacks and must take reasonable care to prevent harm to legal visitors on their property.
Talk to an experienced premises liability attorney if you have been injured by a fatal dog bite on someone’s property.
Understanding Children and the Attractive Nuisance Doctrine in Illinois
Illinois law holds property owners accountable for injuries to children who enter their property uninvited due to attractive nuisances like pools or trampolines. Young children are not considered trespassers and may be drawn to hazards they do not understand.
Property owners may be deemed negligent if they fail to address known hazards to children. A jury weighs the risk to the child against the cost and effort to mitigate hazards.
Consulting a premises liability lawyer can help families understand their rights and options in these cases.
How to Prove Liability in an Illinois Premises Accident Case?
To prove liability in an Illinois premises accident case, you must establish that the property owner or manager failed to ensure a safe environment. An Illinois personal injury attorney can help gather evidence and build a strong case on your behalf.
Under the Illinois Premises Liability Act, a plaintiff may demonstrate a premises liability claim by proving the following factors:
- The property owner owed you a duty of care to maintain a safe property
- A hazardous condition existed
- The owner knew or should have known about it but failed to correct the issue or warn you
- You must also prove how the dangerous condition caused your injury and
- Establish that you suffered significant damages as a result of unsafe property
Premises liability lawyers can investigate the accident, gather evidence, and negotiate with insurance companies to maximize your compensation. If necessary, they can defend your premises liability lawsuit in court. Consulting with an experienced premises liability attorney increases your chances of a successful outcome.
What Compensatory Damages Can I Seek in an Illinois Premises Liability Claim?
In an Illinois premises liability case, victims can seek various types of damages to compensate for injuries and losses sustained in the accident. Consulting a premises liability attorney can help you understand the full scope of damages you may be entitled to receive and navigate the legal process effectively.
Typically, premises liability victims may be entitled to damages for:
- Current and future medical bills and treatment.
- Lost wages during recovery and potential future earnings.
- Compensation for physical pain and emotional distress.
- Reimbursement for damaged belongings.
- Loss of enjoyment of life.
- Loss of consortium and loss of companionship.
- Punitive damages can be awarded in rare cases, to punish particularly reckless conduct.
Wrongful death liability claims can arise from incidents like slips and falls, construction accidents, and unsafe property conditions. If a death occurs due to a property owner’s negligence, the family may file a wrongful death claim.
Compensation for an Illinois wrongful death claim can include medical and funeral expenses, lost income, and loss of companionship. Punitive damages may also be awarded in rare cases.
Schedule a Free Consultation With Our Illinois Premises Liability Lawyers
Were you or a loved one injured on someone else’s property due to unsafe conditions or poor maintenance? If yes, Illinois law allows you the legal right to seek fair compensation for your economic and non-economic damages.
The skilled attorneys at the Injury Lawyers Team, sponsored by Rosenfeld Law Offices, handle all types of premises liability claims, including accidents on business premises, private property, and government-owned public spaces.
Contact our personal injury lawyers today at (888) 424-5757 for a free consultation. All confidential or sensitive information you disclose with our legal team will remain private under an attorney-client relationship.