A premises liability case occurs when a person is injured on another person’s property such as in a store, restaurant, or as a tenant. Premises liability cases include a variety of events including slips, trips, falls, fires, explosions, chemical exposures, and even certain criminal acts. If you were injured on another’s property, contact a practiced injury attorney. A Cicero premises liability lawyer can advocate on your behalf and pursue adequate and necessary compensation.
Under Illinois law, a property owner owes a duty of care towards those who may be on their property. However, as explained in the Premises Liability Act, this duty is only a duty of reasonable care and mandates that a property owner exercise reasonable care under the circumstances.
As stated in Section 343 of the Restatement (Second) of Torts a property owner is liable for conditions of the land only if they:
In any premises liability case, it is imperative to determine whether the property owner owed an obligation to the defendant. This requires the court to weigh the following factors:
There are a variety of factors that may contribute to a premises liability action including liquids, ice, uneven pavement, unsecured handrails, unlit stairwells and hallways, and cluttered common areas.
The key to any premises liability action is to determine whether the property owner can be held liable for an accident, and this requires examining whether the property owner knew or should have known of the dangerous condition on the property, and what efforts they made to rectify or prevent an injury. Anyone who wishes to file an injury claim should first consult with a Cicero premises liability lawyer.
A majority of all premises liability cases in Cicero are decided by a jury. As a general rule, a landowner has no duty to warn of open and obvious conditions. According to Genaust v. Ill. Power Co., courts in Illinois often undergo an extensive factual review of a premises liability case to determine whether a property owner owed an entrant a duty of care.
A Cicero premises liability lawyer is prepared to help maximize your ability to recover from a premises liability accident. They are committed to helping you recover following an injury on another’s property, whether it be in a store, mall, office building, or government building, and can help you hold negligent property owners liable for your injuries. Call today to learn more.
By: Kathlene Sievers
Title: Great Working With
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