When you go to a home, a shopping mall, restaurant or hotel, you may have the expectation that the facility and its environment are safe. Accidents and injuries are common among guests. If you suffer harm on another’s property, an Orland Park premises liability lawyer could help establish liability for the accident and secure fair compensation for your injuries so you may focus on your recovery.

Contact a caring personal injury as soon as possible to learn more about receiving damages from a premises liability case.

Common Accidents

Dangerous conditions may exist on many residential and commercial properties and buildings that could pose a threat to visitors. The following issues could prove to be very detrimental to an unassuming guest including:

  • Snow and ice
  • Spills
  • Unsecured flooring
  • Uneven surfaces
  • Poor lighting
  • Broken stairs
  • Biohazards

To prevent the risk of injuries from situations, the property owner has a responsibility to take reasonable steps to provide a safe environment. If they do not, an Orland Park premises liability attorney could help prove fault as the basis for recovering damages.

Laws for Orland Park Premise Liability

Under Illinois’ Premises Liability Act, the state imposes certain responsibilities on property owners. Owners have a duty to both licenses and invitees to exercise reasonable care regarding the state of the premises or acts done or omitted on them.

There are some limitations on the owners’ duty, which are the following:

  • Owners are not required to warn or take reasonable steps to protect these guests from conditions that are obvious
  • To warn of dangers that are unknown to the owner,
  • To warn of dangers arising from the plaintiff’s own misuse of the property

Under certain circumstances, the owner may also only be required to refrain from willful and wanton conduct that could endanger their safety from a condition on the property or an activity conducted by the owner.

Establishing Fault

In Orland Park, a plaintiff must prove that the owner’s negligence caused the incident that resulted in injuries. To meet this burden, an experienced Orland Park premises liability lawyer could review the incident reports, witness statements, photos, legal documents that verify ownership, wage loss reports, and medical records.

In order to prove the owner committed negligent acts and/or omissions, four elements of the tort of negligence must be met:

  • The defendant owed a duty to the plaintiff
  • The defendant failed to perform this duty
  • The defendant’s failure was a direct and proximate cause of the plaintiff’s injuries
  • The plaintiff suffered damages that are compensable monetarily

Damages in Orland Park premises liability cases could include pain and suffering, disfigurement, medical treatment, lost wages, and future earnings. Contributory fault on the part of the plaintiff that is a proximate cause of the injury suffered could reduce the number of damages recoverable if they are 50 percent or less at fault. If the plaintiff is more than 50 percent at fault, then they may be barred from recovery.

Speaking with an Orland Park Premises Liability Attorney

The laws surrounding premises liability in Orland Park could be confusing and dealing with property owners’ insurance companies could be intimidating. An experienced Orland Park premises liability lawyer could help you establish a negligence claim and fight for compensation and justice. Learn more by calling today.