Premises Liability Lawyer In Chicago
As a visitor or customer on someone’s property, you expect to be protected. But when a property owner fails to keep you safe, you may deserve compensation. Let Willens Law help you.
When you go to work, go shopping, or visit a movie or restaurant, you should be safe from harm. If the property owner was negligent and you get injured as a result, they may be legally obligated to compensate you. Towards that end, Willens Law Offices can help you claim the compensation you deserve by developing a premises liability case. Talk to us in a free consultation if you have any questions about your situation. Or if you would like to learn more about what makes up a premises liability case, read on for an overview.
What Is Premises Liability?
In simple terms, premises liability is the legal concept by which property owners have a duty to keep their premises reasonably safe so that their occupiers or guests do not suffer foreseeable injuries.This means that a property owner (or manager) must either:
- apply reasonable care to detect and fix hazardous conditions on their premises, or
- provide guests with ample warnings of the hazardous conditions on the premises.
If a property owner was negligent and failed this duty, and if that negligence has led to a guest’s injury, the owner or manager may be held liable.
In Illinois, the law on premises liability is 740 ILCS 130 or the Premises Liability Act. This gives you the right to file a legal claim against a negligent property owner or manager that you believe has caused your injury.
Examples Of Accidents Under Premises Liability
Many accidents seem innocent at first, but they may actually be a result of a property owner’s negligence. Here are some scenarios that may be considered premises liability cases:
I find Matt to be a very hard worker, incredibly bright and the type of person that when someone gives him a problem, it is no longer theirs – it is his.
– M.H. a defense attorney
Facing a negligent property owner can be complicated, whether it’s a large company or a neighbor down the street. Don’t let this discourage you from looking at your legal options, especially if you truly need reimbursement for your injuries. Talk to a reliable attorney who can guide you on making the best steps.
Elements Of A Premises Liability Case
Just because you got injured on someone else’s property does not automatically mean that he or she is liable. You must prove these specific elements for your premises liability case to be valid:
- That the property owner had a duty of care to you as a visitor
- That there was a dangerous condition on the premises
- That the property owner (or whoever was in control of the premises) knew or should have known of the dangerous condition
- That the owner failed to use reasonable care to detect, fix, or warn of the danger
- That this failure resulted in your injury as a guest or visitor
Proving these elements takes in-depth knowledge of the law and how they apply to your case. An injury lawyer with experience in premises liability accidents can help you establish these elements and build you a winning case.
Were You A Legal Guest?
In general, premises liability applies only when the person injured is a legal visitor. This means that he or she was invited or permitted to enter the premises, such as a social guest, an employee, or a customer.
Property owners have no duty to protect trespassers or those who enter their property without permission. The only duty that property owners owe trespassers is to avoid getting them injured through “willful and wanton conduct. ”Illinois courts have also found exceptions to this trespasser rule, such as if the trespasser was a child who was too young to understand the law and the danger in the property.
Thus, except in rare exceptions, only legal visitors can pursue a premises liability claim.
Drowning Is Found To Be Leading Cause of Accidental Death in Young Children
Although drowning is the leading cause of injury death for children under the age of five, and one of the top causes of injury death for all children, these drowning deaths are generally preventable.
The loss of a child is a terrible tragedy, and even more so when it is preventable.
The Hard Facts
In the US, about 3500 people die each year in unintentional, non-boating drownings. About one in five of these people are children 14 and younger. And about five times more children suffer near-drownings that can result in permanent brain injury and other injuries.
The children most at risk are those aged 1-4. About 30% of all unintentional injury deaths in this age group are due to drowning. Most of these children drown in home swimming pools.
With this high number of accidental deaths and even higher numbers of injury deaths, prevention is crucial. It’s also straightforward. Swimming pools are naturally attractive to children, who approach it with curiosity or memory of enjoyment from spending times at the pool with parents.
Supervision, of course, is crucial to saving the lives of children this age, but so is a basic level of safety features. A fence separating the house from the pool reduces the risk of a 1-4 year old drowning in the pool by 83%. For above ground pools, simply removing the access ladder protects most children. Toys, flotation devices, and other attractive objects should be removed from the pool when adults leave the area.
Defenses In A Premises Liability Case
When you decide to bring a premises liability case forward, the property owner (defendant) may defend themselves using certain elements involving the case. You’ll need to anticipate a premises liability defense using the following arguments:
As discussed above, trespassers have no legal right to claim compensation under premises liability.
Any of these defenses can critically damage your claim. This is why it’s important for you to choose a premises liability lawyer who has experience in this field. Your attorney should be able to meet these defenses with robust arguments and the skill to make the law work for you.
Chicago Residential Premises Liability Attorney
Have you been injured when visiting someone else’s property? Was your injury due to the state of the property, such as a broken step, debris, grease or icy patch?
Was your injury due to a broken step or poor lighting conditions? If so, you may be able to get compensation for your injuries. Compensation may include money for medical bills, lost wages, pain, suffering and more.
At Willens Law Offices, we are proud to fight for the rights of victims injured due to the negligence of another person or company. If you want to talk to a Chicago premises liability lawyer in person about the details of your case, please call (312) 957-4166 for a free consultation.
Premises Liability and Property Owner’s Responsibility
In Illinois, all property owners owe a duty of reasonable care to visitors of their property, and if they do not live up to this duty, injury victims may have grounds to bring a premises liability action. Property owners have a responsibility to make sure their property is free of hazards that can cause injury. This includes risk of:
- Slip and Fall
- Trip and Fall
- Criminal Injury Resulting from Negligent Security
- Poisoning by Lead Paint or Mercury
- Swimming Pool Injuries
In many states, a distinction is made between invitees, people who are invited to a property for the purpose of business, and licensees, people who are invited for social purposes, but not in Illinois. In Illinois, residential property owners have an equal responsibility to commercial property owners. This includes landlords as well as individual property owners.
What You May Be Entitled To
Premises liability accidents – such as slip-and-falls and dog bites – often sound straightforward and simple. Not many people realize how serious the injuries can be and how great the losses the injured may suffer. Depending on the type of accident, the injuries can include life-altering conditions such as traumatic brain injury (TBI), spinal cord injuries, serious fractures, severe wounds and bleeding, paralysis, and amputation.
If you have or someone in your family has suffered from such an injury, you know it’s not an easy burden. You may deserve to be compensated for the following and more:
If the accident was so devastating that it caused the death of a loved one, you may have a wrongful death case. In such a tragedy, the lost life can never be replaced. However, you may find some form of relief if you successfully fight for your fair compensation. You may be reimbursed for damages such as funeral and burial expenses, lost companionship, and lost benefits.
Don’t dismiss your accident as a simple slip-up, especially if it has landed you or your loved one in the hospital and cost you a significant amount of money. Let a reliable attorney assess the value of your case and determine your best options for obtaining compensation.
Why You Need Willens Law Offices
If you or a loved one has suffered an injury due to the negligence of a property owner, you need a professional who has years of experience in this area of law. That is where Willens Law Offices comes in. Here’s what we can do for you:
You don’t have to take our word for it. Our satisfied clients and multiple legal recognition’s prove that we have the knowledge and capacity to successfully handle premises liability cases. You don’t even have to worry about lawyer fees – we’ll charge you no legal fee unless and until we obtain an amount for you.
Your initial consultation with us is absolutely free. Talk to us today about your accident. Give us a call at 312-957-4166.