Wikipedia defines premises liability, also known as occupiers’ liability, “as the liability that a landowner or occupier has for certain torts that occur on their land.” A tort in the legal world is defined as “an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.” Essentially, a tort could be any personal injury, and in terms of premises liability law, the injury occurred on someone else’s property.

Understanding your personal premises can help you avoid an unwanted premises liability lawsuit. You should also be aware of other people’s premises. If you suffer a personal injury on another person’s premises, they may be liable to pay for your injuries.

Premises liability accidents can occur in a number of different ways, at anytime time of day. Hazardous conditions such as uneven pavement, standing water, falling debris, crumbling curbs, uncleared snow or ice, negligent or inadequate security, insufficient light, or defects in furniture can all lead to accidents such as:

• Slip and fall accidents
• Falling down the stairs
• Construction site negligence
• Dog bites
• Drowning
• Hotel accidents
• Parking lot accidents
• Electrocution
• Broken or fractured bones
• Lacerations or cuts
• Head and neck injuries

If you, a family member, or friend has been injured in a premises liability accident, it is important you seek medical attention right away. Even if you do not think the injury is severe enough for medical treatment, it is better to be safe than sorry.

Also, medical documentation of treatment will play an essential part in your future Edwardsville premises liability lawsuit. After receiving medical treatment, immediately notify the individual or organization in charge of the premises of the accident. You do have a legal obligation to notify the owner or occupier of any injuries that occur on the property. Both written and verbal notice is ideal.

If you have any questions about the steps to take after your injury, our team of premises liability attorneys can offer legal representation.

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. The property owner may not necessarily be liable for any incidents that occur on his/her property if another party — such as a tenant — controls who is allowed on the property on a daily basis.

There are a few stipulations, however. If you were invited onto the property and subsequently suffered an injury, either the owner or current property occupier may be held liable, but if you illegally entered the property without permission, that pretty much relieves the person in control of the premises of any obligation to you.

If an individual or organization that owned or occupied a property acted in a negligent, careless, or unlawful way, there is a good chance they will be held liable for the accident.

Illinois law defines a “duty of care” – an obligation that the person controlling the property owes to any person invited onto the property. They must make an effort to mitigate any injuries to invitees by creating a safe and functional environment on their property.

If the duty of care is not met, the injured party has a right to take legal action. If you suffer a personal injury on another person’s premises, and the incident could have been avoided if that person met the duty of care, you may be entitled to compensation for your injuries.

1. Hold the occupier of the premises accountable for your injuries, and
2. Recover damages for your injuries in the form of monetary compensation.

Basically, all of the hardships you have endured, such as the injury itself, medical bills, rehabilitative surgery, if necessary, pain and suffering, emotional distress, and wages lost due to inability to work will “add up”. When your lawyer files your case and subsequently begins negotiating with the defendant, they will list your damages in order to place a value on your sufferings which corresponds to the compensation amount.

Everything you have suffered as a result of the injury will equal the amount of compensation you deserve.

Knowing and understanding the laws surrounding premises liability cases is no easy task. At TorHoerman Law, we represent people who have been wronged by another.

Contact TorHoerman Law Firm for a no-obligation Edwardsville premises liability initial consultation. An attorney would be happy to answer any questions you may have, free of charge.