If you or a loved one suffered an injury on another party’s property due to the negligent action, or inaction, of the property owner, you may qualify for compensation for the losses that you incurred.
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Slip and falls, chemical exposure if, on another individual’s property, escalator and elevator accidents, negligent security, swimming pool accidents, and daycare accidents are all types of premises liability accidents.
Our firm works on a contingency basis which basically means you do not owe anything up front and we do not get paid unless we win.
It takes the worry off of your shoulder while we work through your case together.
In Illinois, you have two years from the date of injury to file the lawsuit.
This rule is referred to as the statute of limitations.
While there are exceptions, it is important to be mindful of that time limit, and as such, it is also important to contact a lawyer as soon as possible.
According to Illinois law, the person(s) who is in control of the property (premises) is the individual or group who currently occupies and controls access to the premises.
Even if you are not the property owner, you may be liable for incidents that occur on a property where you reside if you control who is invited onto the property.
The legal obligations that a property owner owes to other persons within the boundaries of the owner’s property are protected under premises liability in Illinois.
Those duties of the owner are defined by the “duty of care”, the reasonably expected level of care that the average property owner and a visitor would expect of the property owner to ensure safety for all visitors.
A Chicago premises liability lawyer can help victims determine what the “duty of care” expectations would likely be, to help justify legal action.
Premises liability law comes into play when an accident or injury occurs on privately-owned or publicly operated property due to an unsafe hazard or other avoidable safety danger.
Examples of common premises liability cases in Chicago include unmaintained sidewalks and walking areas, wet floors, unsecured falling objects, and unmaintained and dangerous properties.
Common locations of premises liability incidents can include, but are not limited to:
If you have suffered an injury on another person’s premises, you may be entitled to compensation for your injuries.
Invitations to a property are granted to visitors from property owners, managers, and staff.
There are three (3) common types of visitors:
Any individual invited onto a property to conduct business with the property owner, manager, and/or staff.
Examples of visitors, who are invitees, include:
Any individual invited onto a property for social purposes.
Examples of visitors, who would be classified as licenses, include:
Any individual who enters the domain of private property without a prior invitation from the property owner, manager, and/or staff.
In general, trespassers do not have a claim against a property owner for any injuries that occur while they are trespassing on the property.
However, there are special circumstances that may hold the property owner liable for the injury:
The definition of excessive danger and purposeful harm differ state-by-state and even by local government regulations.
Visitors must be given consent to enter the property, otherwise, they are considered trespassers.
Visitors can be invited onto a property in one or more of the following types of invitations:
Once an invitation has been accepted, both the property owner and the visitor must meet expectations to ensure the visitor’s safety.
Property owners (including managers and staff) must meet two (2) expectations to ensure visitors’ safety:
Expectations must be fair and attainable.
Property owners cannot be held liable for unfair expectations.
Examples of unfair expectations include:
If a property owner does not make reasonable efforts to protect visitors from likely danger or there is evidence that the property owner did not consider how to avoid injury to visitors, the property owner can be held liable for a visitor’s injury.
As a property owner or manager, you must meet certain safety expectations – known as the “duty of care” – so that any invitees of your property will not be exposed to unreasonable dangers.
If you fail to meet this duty of care by failing to minimize risks and create a reasonably safe environment, you may be liable for any injuries that occur on your property or premises.
The insurance policy you have through your insurance company can also help if an accident does occur on your property, but you will still be held responsible for your negligence.
Visitors are expected to mitigate possible injuries and other losses that could result from an accident on another party’s premises.
Mitigation is the act of reducing the severity, seriousness, or painfulness of an injury.
Visitors are expected to do everything in their power to avoid injury while on another person’s private property.
If a visitor is injured, they are also expected to properly address the injury to avoid the continued aggravation of the injury which may result in increased severity of that injury.
If there is a large pothole on the sidewalk of a private property that is obviously visible to the visitor, the visitor is expected to walk around the pothole rather than walk over it.
If the visitor does not see the pothole and trips walking over it, badly injuring their leg, the visitor is expected to seek medical attention to address the injury as soon as possible after the incident occurs.
If the visitor does not seek medical attention and the injury gets worse over time, the property owner cannot be held liable for the continued worsening of the injury.
If a property owner can show that a visitor did not make an effort to mitigate injury then they can argue that they not liable for the visitor’s injuries.
In some cases, both the property owner and the visitor may be found to hold partial responsibility for a visitor’s injury and subsequently, the premises liability claim.
Liability is then shared between both the owner and the visitor.
Both parties must work to arbitrate liability to determine how damages will be shared.
The visitor from the previous example did not see the pothole, tripped over it, and sprained their ankle.
The property owner was aware of the pothole and had planned on addressing it but had not gotten around to it yet.
The visitor knew that the property owner was aware of the pothole so they decided to continue to walk on the ankle without seeking medical attention first.
The sprain got much worse to the point that the injured visitor had to see a doctor.
The doctor determined that the original injury was a grade 1 sprain but continued walking resulted in a grade 3 sprain.
The property owner is liable for the grade 1 sprain because it was the result of their negligence.
However, the visitor is liable for all other damages because they did not mitigate the injury.
If you or a loved one has suffered injuries on a property owner’s premises in Chicago, IL, these are the three (3) steps you should take:
The first and most important step is mitigating your injuries and losses.
Get treatment from a qualified healthcare professional and follow your doctor’s orders.
Do everything in your power to minimize the risk of further injury and avoid additional financial losses related to your injury.
You should begin gathering evidence as soon as possible after your injury.
Evidence will help prove that liability for your accident falls on the property owner.
Common types of evidence include:
Your Chicago premises liability lawyer will help you to gather any evidence that you are unable to retrieve on your own.
Be sure to contact a Chicago premises liability lawyer from TorHoerman Law for a free, no-obligation case consultation.
We can provide you with a legal analysis and give you options for moving forward towards compensation, all free of charge.
There are many benefits to hiring an injury lawyer to represent you in a premises liability case.
An attorney can help you to:
TorHoerman Law has a team of experienced Chicago premises liability attorneys who are ready to serve you and your best interests.
Our team has won over $4 billion in personal injury litigation negotiated settlements and verdicts for our clients.
Our attorneys are considered some of the best lawyers in Illinois, including being recognized as the Top 100 attorneys in the state by their peers.
Contact TorHoerman Law Firm today for a no-obligation free consultation.
Our Chicago premises liability lawyers can help answer any questions you may have, free of charge.
TorHoerman Law, the best personal injury lawyer Chicago has to offer.
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