Premises Liability

Premises Liability

When Property Owners Fail to Provide a Safe Environment

Property owners have a fundamental responsibility to keep visitors safe. When you suffer a serious injury at a store, mall or even residential property, you may consider taking legal action to hold the property owner accountable.

At Bizzieri Law Offices, we have helped personal injury accident victims in the Chicago area to seek compensation since 2009. If you suffered an injury on someone else’s property, a premises liability claim allows you to hold negligent owners liable to offset the costs of your injury. We will investigate your accident and advise on the legal process ahead to pursue the financial relief you need.

CRUCIAL ELEMENTS OF A PREMISES LIABILITY CLAIM

Under Illinois law, the owner of a property can be held liable for an accident victim’s injuries if there was foreseeable danger and the owner did not take steps to correct or warn visitors of the problem. In general, the property should not have structural defects or hazardous areas that could cause an injury. Common examples of premises liability claims include:

  • Slips and falls on floors or stairways
  • Swimming pool and trampoline accidents
  • Building code violations
  • Inadequate or negligent security
  • Porch or balcony collapses
  • Animal bites and attacks

Personal injury accidents that occurred on residential, commercial or public property may fall under premises liability.

THE DECISION TO PURSUE COMPENSATION CAN BE COMPLICATED

The duty of care that property owners have toward protecting visitors varies depending on if the injury victim was a guest, customer or trespasser. Often injuries falling under premises liability occur at the homes of friends and relatives, leaving victims reluctant to seek an attorney.

However, the necessity of compensation to cover injury-related expenses outweighs the passing awkwardness of filing a claim. Also, the property owner’s insurance covers most claims, rather than property owner. When you face mounting medical expenses, uncertainty over when you can return to work, a significant recovery period and more, damages can provide the relief you need.

DO NOT HESITATE TO SEEK LEGAL REPRESENTATION AFTER AN INJURY

Injury victims have a limited period to file a premises liability claim. Learn more about how we can assist you by contacting our Chicago office. To get started with a free case evaluation with a lawyer, call our office at 773-881-9000 or send us an email. 

Some Things You Should Know About Premises Liability 

Understanding Premises Liability

  • Premises liability refers to the legal responsibility of property owners to ensure their property is safe for visitors.
  • Property owners must take reasonable care to prevent accidents and injuries.
  • Illinois law holds property owners accountable for preventable accidents.

 

Common Hazards

  • Slippery floors, uneven surfaces, and inadequate lighting can lead to accidents.
  • Poorly maintained equipment, exposed wiring, and hazardous materials can cause harm.
  • Inclement weather, construction zones, and animal attacks can also lead to premises liability claims.

 

Your Rights as a Visitor

  • As a visitor, you have the right to expect a safe environment. If you’re injured due to negligence, you may be entitled to compensation.
  • If you’re injured, document the scene, seek medical attention, and consult with an attorney to protect your rights.
  • Don’t assume an accident is your fault – consult with an attorney to determine if negligence played a role.

Premise Liability FAQ: Click on the Frequently Asked Questions Below to See Our Response

What is premises liability, and how does it apply to property owners in Illinois?

Premises liability refers to the legal responsibility of property owners to ensure their property is safe for visitors, including customers, guests, and even trespassers. In Illinois, property owners must take reasonable care to prevent accidents and injuries, and can be held liable if they fail to do so. This includes maintaining the property, warning visitors of potential hazards, and taking steps to prevent criminal activity.

What types of accidents and injuries are covered under premises liability, and what are some common examples?

Premises liability covers a wide range of accidents and injuries, including slip and fall accidents, trip and fall accidents, animal attacks, and accidents caused by poor maintenance or hazardous conditions. Common examples include slipping on icy sidewalks, falling down stairs due to broken handrails, being attacked by a dog, and being injured by falling objects due to poor storage.

What do I need to prove to win a premises liability case, and what role does negligence play?

To win a premises liability case, you must prove that the property owner was negligent in maintaining their property, and that this negligence led to your accident and injuries. This means showing that the property owner knew or should have known about the hazard, failed to take reasonable steps to address it, and that their failure caused your injuries. Negligence can take many forms, including failing to inspect the property, ignoring hazards, and failing to warn visitors of potential dangers.

How long do I have to file a premises liability claim in Illinois, and what are the consequences of missing the deadline?

In Illinois, you have two years from the date of the accident to file a premises liability claim. If you miss this deadline, you may be barred from recovering damages, even if the property owner was clearly negligent. It’s essential to consult with an attorney as soon as possible to ensure you don’t miss this critical deadline.

Can I still recover damages if I was partially at fault for the accident, and how does comparative negligence work in Illinois?

Yes, in Illinois, you can still recover damages even if you were partially at fault for the accident. Illinois follows a comparative negligence rule, which means that your damages will be reduced by the percentage of fault attributed to you. For example, if you were 20% at fault and the property owner was 80% at fault, you can recover 80% of your damages. However, if you were more than 50% at fault, you may be barred from recovering damages.

CALL A LAWYER WHO WILL CALL YOU BACK:

773.881.9000

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