Illinois Premises Liability Lawyer

If you were seriously hurt on someone else’s property, you deserve a full financial recovery.

If you were injured because of a dangerous property condition, seek medical care immediately. Then call us. Our firm has years of litigation experience holding negligent people in Illinois accountable. You did not ask to be injured, but with our dedicated team and extraordinary level of legal advocacy, you can be made whole again. The decision to hire an Illinois premises liability lawyer is a big one; you only have one opportunity to get a full financial recovery for your accident. You deserve it, and we will not stop fighting until you receive it. Let us work for your financial recovery so you can focus on healing. Reach out to a personal injury lawyer immediately for a no-risk, no-obligation case evaluation.

What Is the Illinois Premises Liability Act?

Pursuant to The Illinois Premises Liability Act, those in control of a property, meaning whoever owns it or is in control of it, generally have a duty of reasonable care to keep people legally on their property from foreseeable harm because of dangerous conditions on the premises, by either fixing the dangerous condition or by warning of its existence. That can mean hazards that they either had direct knowledge of or should have been aware of. If the dangerous condition was “open and obvious,” for example, sharp edges on machinery or equipment, a property owner may not owe you a responsibility to keep you from unreasonable harm.

Examples of a known hazard are:

  • Wet spots on floors that are not cleaned up or are not marked with a warning sign
  • Broken pavement
  • Loose railings
  • Unsecured flooring
  • Unsecured extension cords
  • Broken steps
  • Broken or malfunctioning doors
  • Snow or black ice
  • Uneven walking surfaces
  • Poorly designed or maintained playground equipment
  • Poor building craftsmanship
  • Insufficient lighting
  • Falling debris
  • Broken locks or insufficient security measures
  • Pools without barriers or lifeguards on duty
  • Vicious animals
  • Poor electrical wiring

If you were not using the property in a reasonable way, for example, sliding down a banister or being on a part of the property that was cordoned off, the property owner or manager typically does not has a responsibility to keep you from harm.

To prove a premises liability claim in Illinois, you must fulfill four conditions:

  1. That the defendant owed you a duty of reasonable care
  2. That there was a dangerous condition on the premises
  3. That the party in possession of the property knew or should have known about it
  4. That they did not use reasonable care to warn, fix or discover the dangerous condition
  5. That the dangerous condition caused you injuries

Two Exceptions to “Open and Obvious” in Illinois Premises Liability Laws

There are two exceptions to the “open and obvious” doctrine:

  1. The “Distraction” Exception- In Ward v. K Mart Corp (185 Ill. App. 3d 153 (Ill. App. Ct. 1989)), the Illinois Supreme Court adopted a “distraction exception.” If an owner thinks you may not appreciate a hazard because you may be distracted by something else on the property, they still owe you a duty of reasonable care. For example, if a grocery store has signs on the wall with information on their current discounts, and you fell over an “obvious” condition because you were looking at them, the distraction exception may apply. The exception does not apply self-created distractions, for example looking at your phone.
  2. The “Deliberate Encounter” Exception- The second instance in which “open and obvious” does not apply is when the dangerous condition may be apparent, but the benefits to proceeding outweigh the risks. In LaFever v. Kemlite Company (185 Ill. 2d 380 (Ill. 1998) 706 N.E.2d 441), the Illinois Supreme Court ruled that a property owner owed a duty of care to a man who fell because of slippery surfaces near a dumpster. The hazard was known to the injured man, but as it was the man’s job to empty the dumpster, the owner should have known that it was necessary for him to encounter the waste.

Types of Visitors in Illinois Premises Liability Claims

The extent of the duty the possessor owes you is based on what type of visitor you are. In Illinois, there are three categories of visitors:

Invitees and Licensees

Invitees are people that enter the property for business purposes, for example customers in a store or attendees of a sporting event. An invitee can also be someone on property open to the public.

A licensee is someone that is on the premises with the permission of the possessor, but not for the express financial benefit of the possessor. Common examples include friends over for dinner, a utility technicians performing work on your property, someone you let hunt on your land at no cost or someone stopping into a store just to ask for directions.

The duty of care owed to invitees and licensees used to be different in Illinois. However, since the current Illinois Premises Liability Act was passed on September 12, 1984, the duty of care owed to invitees and licensees is the same.

Trespassers

A trespasser is someone who enters a property without permission or an invitation. Because the the trespasser is not supposed to be on the premises, the Illinois Pattern Jury Instructions states that owners owe no duty to a trespasser, with some exceptions:

  • If a property owner knows or should know that a trespasser is on the premises, they cannot purposefully harm the trespasser.
  • If an owner knew there was an artificial structure that could seriously injure a trespasser, and the owner knew or had to reason to believe trespassers would be on the property, they do not have to fix the condition, but do have to warn against it.
  • If the owner is conducting activities, for example yard work, and knows that activity could harm a trespasser, they have a duty to try to avoid injuring the trespasser.
  • According to the common law theory of attractive nuisance, in some states, property owners can be held strictly liable – or automatically liable – if a child comes onto the property because of a dangerous condition that might be attractive to a child and the child is hurt. Examples of an attractive nuisance include swimming pools, playground equipment, ladders or high-voltage power lines. In Kahn v. James Burton Co. (5 Ill. 2d 614 (Ill. 1955) 126 N.E.2d 836), the Illinois Supreme Court rejected strict liability in attractive nuisance cases. Instead, owners could be held liable based on standard negligence and the relative cost of fixing the issue. To have a valid attractive nuisance claim, you must show that:
    • The owner had reason to believe a child may come onto the premises,
    • The nuisance could cause harm to a child
    • A child would likely not understand the risks, and
    • The cost of protecting the child from the danger was relatively low

If you are unclear about whether the possessor of the property owed you a duty of care and breached it, your experienced premises liability lawyer will help you make sense of your situation and get you the best possible legal outcome in your situation. Talk to a premises liability lawyer in Illinois about your case today aor fill in online form.

Common Premises Liability Injuries

We have gotten maximum compensation for our Northlake, IL clients with a variety of premises liability injuries, including:

  • Broken bones
  • Back, neck and spine injuries
  • Concussions and other traumatic brain injuries
  • Burns
  • Electric shocks
  • Joint injuries

What Can a Premises Liability Lawyer Do For My Claim?

Insurance companies fight back hard against premises liability claims. They may say that your injuries are your fault, or say that the property owner or manager did not owe you a duty of care. An aggressive premises liability lawyer in Illinois will not let that happen. A premises liability lawyer can help level the playing field against a powerful insurance company. When you hire us, we will immediately get to work demanding full compensation. As part of our legal services we will:

  • Fully investigate the circumstances surrounding your injuries and determine who is at fault
  • Gather evidence such as employee and eyewitness testimony, accident reports, pictures, security footage and expert testimony
  • Identify how the person in control of the property failed in their duty of care
  • Quantify the full extent of your damages, including your medical expenses, lost wages, lost earning capacity, pain and suffering and mental anguish, to make sure you get the best compensation possible
  • Fight back against dishonest tricks from the insurance company trying to devalue your compensation
  • Negotiate with the insurance adjuster on your behalf
  • Keep you up-to-date on the status of your case
  • Take the fight to trial if the insurance company will not be fair in negotiations

We have earned both our distinguished reputation and our clients’ great recoveries through tenacity diligence and a “never back down” mentality. We do not stop fighting until you have your settlement check or jury verdict in hand.

Resources For Your Premises Liability Claim

Most people who come to us have never had to deal with making an injury claim before, and do not know how to go about making their claim, or even how to know which lawyer to hire. Fortunately, our firm has literally written the book on essential questions to ask before picking a lawyer or settling your case, which you can download for free below.

We also provide a variety of other free resources on our website.

Types of Premises Liability Claims

We have had success in a wide range of premises liability claims, including:

  • Slip and falls
  • Negligent security
  • Claims against restaurants
  • Assault and sexual assault
  • Elevator and escalator accidents
  • Fire and smoke injuries
  • Grocery or retail store injuries
  • School and daycare accidents
  • Claims against bars and restaurant
  • Claims against landlords
  • Claims against hotels
  • Swimming pool accidents
  • Amusement park accidents
  • Exposure to toxic chemicals or substances
  • Dog bites and other animal attacks

If you were sustained a premises liability injury, you need to be compensated, no matter the circumstances. We will ensure you get it.

Frequently Asked Questions

How Much Can I Receive in Compensation?

How much your claim is depends on the particulars of your claim:

  • How serious your injuries are and how much they have affected you financially, physically and mentally
  • If your injuries resulted in permanent disability
  • Whether you will need future medical treatment
  • Whether or not you contributed to your injuries
  • The insurance coverage’s policy limits, and whether there is more coverage available

Your premises liability lawyer will be able to ensure that no money is left on the table when securing your settlement or jury verdict.

Can I Still Receive Compensation if I Was Partially to Blame for My Injuries?

You can still recover compensation, although it will not be as much as if you shared no blame. Illinois is what is considered a modified contributory fault state, which means that you can recover for the percentage of the accident that is not your fault.

Meaning, if your damages total $100,000 but you share 30 percent of the blame for your accident, you can recover $70,000. Keep in mind that 735 ILCS 5/ §2-1116 states that:

The plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50 percent of the proximate cause of the injury or damage for which recovery is sought.

That means that if you are more than half to blame for the accident, you will not be able to recover any compensation in Illinois. Your premises liability lawyer will know how to prove that you are not responsible for the harm someone else caused.

What Is the Statute of Limitations for a Premises Liability Claim?

In Illinois, the statute of limitations is relatively short at two years for most personal injury claims, pursuing to 735 ILCS 5/. That means you must file a claim within two years of when the injury occurred. However, there are two notable exceptions:

  1. If you were under 18 at the time of the injury, you have until your 20th birthday.
  2. If you were under a “legal disability” when the injury occurred, you have two years from the date you are no longer under the disability.

Following an injury that happened because of somebody else’s negligence, contact a lawyer as soon as you can. You only have one chance to get a full financial recovery, and the clock is already ticking. Do not wait, call us right away at 312-500-HURT.

What if I Was Injured Because of a Dangerous Condition at a Friend or Family Member’s House?

If you were hurt at a friend or family member’s property, you should still seek compensation from their homeowner’s insurance. While the thought of “suing” someone you love is awkward at best, in reality you are merely insisting that their insurance cover the expenses related to your injuries as part of their contract with the homeowner. Any close friend or family member should want to see you fairly compensated for your damage.

Can I File a Claim Against the State of Illinois or Another Government Entity for Premises Liability?

Generally, the Illinois State Lawsuit Immunity Act gives immunity to the state of Illinois. However, the Illinois Court of Claims Act allows you to make a claim against the state for damages that could also be sought against a private entity. So, the state has the same responsibility to remedy dangerous conditions on public property, such as roads or libraries, as any other property owner would be.

Instead of having two years to make a claim, claims against the state of Illinois must be filed within one year of the injury. There are also unique rules for filing your claim with the State Attorney General and Clerk of the Court of Claims. By contacting a knowledgeable premises liability lawyer, you can ensure everything goes smoothly.

Speak to a Premises Liability Lawyer in Illinois Today

Property owners and their insurance companies often do not want to pay for their negligence. We know you did not expect to be injured, but you can expect full compensation and the best possible results in your claim. We insist on nothing but the best possible compensation, and offer nothing but the highest quality legal advocacy. Call an Illinois premises liability attorney today or fill out our online contact form for a no-obligation, no-risk case evaluation.