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.

Laws for Property Owners

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:

  • Knows or in the exercise of reasonable care would discover the condition and should realize that the condition involves an unreasonable risk of harm to those on the land
  • Should expect that such persons will not discover or realize the danger, or will fail to protect themselves against it
  • Fails to exercise reasonable care to protect those lawfully on this land

When Should Someone Consider Filing a Premises Liability Action?

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:

  • The foreseeability that the defendant’s conduct could result in an injury
  • The likelihood of an injury
  • The magnitude of the burden of guarding against a hazard
  • The consequences of placing the burden on the defendant

Lance v. Senior, 36 Ill.2d 516, 224 N.E.2d 231 (1967)

Common Causes of Premises Liability Actions

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.

Benefits of a Cicero Premises Liability Attorney

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.