Premises Liability

Premises liability holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. If you have been injured on someone else's property in Illinois, you may be entitled to pursue a personal injury claim to seek compensation for your damages. Understanding the principles of premises liability and the legal process for filing a claim can help you protect your rights and obtain the support you need to recover.

Types of Premises Liability Accidents

Premises liability accidents can occur in various settings, including slip and fall accidents, trip and fall accidents, falling object accidents, swimming pool accidents, elevator and escalator accidents, amusement park accidents, fires or explosions, and inadequate security leading to assault or robbery. These accidents can result in serious injuries, such as fractures, spinal cord damage, traumatic brain injuries, and even wrongful death.

Illinois Premises Liability Laws

The Illinois Premises Liability Act (740 ILCS 130/) governs personal injury claims related to unsafe property conditions. Property owners and occupiers must maintain their premises in a reasonably safe condition and warn visitors of any known hazards. The duty of care owed depends on the visitor's status:

• Invitees (e.g., customers) are owed the highest duty of care

• Licensees (e.g., social guests) are owed a slightly lower duty of care

• Trespassers are generally not owed any duty of care, with some exceptions

Proving a Premises Liability Claim

To succeed in a premises liability claim, you must demonstrate:

1. The defendant owned, occupied, or leased the property

2. The defendant was negligent in maintaining the property or warning of hazards

3. You were lawfully on the property as an invitee or licensee

4. The defendant's negligence caused your injuries

5. You suffered damages as a result of your injuries

Evidence to support your claim may include incident reports, witness statements, photographs or video of the hazard, medical records, and expert testimony.

Damages Available

In a successful premises liability claim, you may be entitled to damages such as medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional distress, disability or disfigurement, loss of enjoyment of life, and in fatal cases, wrongful death damages.

Legal Process for Premises Liability Personal Injury Claims

1. Seeking Medical Attention

• Seek medical treatment for your injuries and follow your doctor's recommendations

• Keep records of all medical visits, treatments, and expenses

2. Reporting the Incident

• Report the accident to the property owner or manager as soon as possible

• Obtain a copy of any incident report filed

3. Initial Consultation and Investigation

• Meet with an experienced Illinois personal injury attorney specializing in premises liability cases

• Provide details about the incident, your injuries, and any evidence you have

• Your attorney will review the facts, investigate the incident, and identify liable parties

4. Filing an Insurance Claim or Lawsuit

• Your attorney will file a claim with the property owner's insurance company or draft and file a complaint in civil court

• The defendant will be notified of the claim or served with the complaint

• The defendant will have an opportunity to respond

5. Discovery and Pretrial Proceedings

• Both sides will exchange relevant documents and information through the discovery process

• Depositions of parties, witnesses, and expert witnesses may be taken

• Your attorney will build your case and assess the strength of the defendant's evidence

• Pretrial motions may be filed to resolve legal issues or exclude evidence

6. Mediation or Settlement Negotiations

• Many premises liability cases are resolved through mediation or settlement negotiations before trial

• Your attorney will advocate for a fair settlement that compensates you for your losses

• If a settlement is reached, your attorney will review the terms with you and ensure payment

7. Trial (if necessary)

• If a settlement cannot be reached, your case will proceed to trial before a judge and jury

• Your attorney will present evidence, cross-examine witnesses, and argue your case

• The jury will decide on liability and the amount of damages to be awarded