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Among the most common sources of personal injuries are accidents that occur while on another person’s property. These are known as premises liability cases. These cases allege that the injury was the property owner’s fault due to their negligence in failing to provide a safe environment. These can involve many types of accidents ranging from spills and failures to remove ice, to improper construction, to a lack of security.
Whenever someone is injured in this type of incident, they have the right to demand compensation from the landowner. This compensation can cover medical bills, lost time at work, and even emotional distress. However, these cases can be difficult to prove, and Illinois law creates a very specific legal standard that plaintiffs in these cases must be able to meet.
There are numerous types of Oak Lawn premises liability cases. However, regardless of the exact circumstances that lead to the injury, a knowledgeable premises liability attorney could help.
Landowners have a duty to take reasonable steps to protect their visitors from harm. According to 740 ILCS130/2, Illinois abolished the distinction between licensees and invitees that governs premises liability law in many other states. As a result, any person who receives an express or implied invitation to be on another’s land must be protected. This extends to shoppers in a store, patrons at a movie theatre, or even guests in someone’s home.
The owners of this property must take reasonable care to protect visitors from harm. What steps count as reasonable is left up to a jury to decide. However, there are certain steps that all landowners should take. These include:
If someone suspects that poor maintenance led to their injury, they should contact an attorney to understand their rights and determine whether they can bring any type of Oak Lawn premises liability case.
Most premises liability cases fall into one of three categories. While the property owner’s responsibility remains the same, the facts that lead to an injury can differ.
The first and most common source of injury is a one-time incident that results from a temporary hazard. The classic example here is a milk spill in a grocery store. This case will examine whether the store owner took reasonable steps to protect the injured patron from harm such as blocking off the area, performing routine walkthroughs of the store, and how long the spill was present before the fall.
A second category deals with structural defects to the property. People who are injured by broken sidewalks, stairs, or holes in lawns can sue for their injuries. Cases here will examine what steps the owner took to warn visitors of the hazard and whether the owner knew or should have known that the hazard existed.
Finally, injuries can result from a lack of adequate security. Incidents involving assault, kidnapping, or rape can be the fault of both the assailant and the property owner. Plaintiffs injured in these assaults may be able to argue that a lack of proper locks, poor lighting, or even negligent security guards contributed to the attack.
An injury that happens on another person’s property may be the landowner’s fault. Illinois law requires all property owners to take reasonable steps to protect permitted visitors to their land. If they fail to do so, and a visitor is injured, they may be responsible to pay for all resulting damage. This can include medical costs, emotional anguish, and lost earnings.
These injuries can result from temporary hazards, structural defects, and even a lack of security. An attorney could help injured individuals to examine the facts that led to their injuries and to hold negligent landowners responsible. Contact an attorney today to learn more about the different types of Oak Lawn premises liability cases.