Justia 10 - Badge
Illinois State Bar Association - Badge
The Best Lawyers in America - Badge
Million Dollar Advocates Forum - Badge
Avvo Rating 10 / Jonathan Rosenfeld / Top Attorney - Badge
Super Lawyers - Badge

Premises Liability Injuries

Getting hurt on someone else’s property in Chicago could cause serious injuries. These premises liability injuries often lead to ongoing physical, emotional, and financial consequences. If you are injured due to someone else’s negligence on their property, you could be eligible for compensation for legal damages. 

Slip & Fall Injury Lawyers can play an essential role in supporting your injury claim in Chicago. Whether you were hurt while visiting a private residence, on a public sidewalk, or shopping in a retail store, the property owner may be liable for losses like medical bills, future medical expenses, lost income, emotional distress, pain and suffering, and loss of enjoyment of life. Our team can help you build a strong case to increase your chances of securing fair compensation. 

What Is a Premises Liability Injury?

In Illinois, a property owner is required to take reasonable care to maintain a safe environment for individuals who are lawfully on the property, as stated in 740 ILCS 130/2. This can include people who have expressed or assumed permission to be on the property, such as invitees and licensees. 

If you fall under one of these categories and get hurt because of a hazard on the property, the property owner failed to provide a safe environment and may be liable for your injuries. If the injury you suffer leads to legal damages, the property owner and their insurance company would be liable for paying those damages because of the owner’s negligence. 

Chicago lawyer explaining highest duty of care in a legal claim

What Are Common Types of Premises Liability Injuries?

Premises liability cases can involve a wide range of injuries. Even minor incidents could have complications that result in legal damages, such as lost wages or medical bills. Understanding the nature of how your injury occurred and the consequences of that injury will help you build a successful premises liability claim. 

Here are some common types of injuries sustained in premises liability accidents:

  • Head injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Fractured wrists
  • Broken arms
  • Dislocated shoulders
  • Contusions
  • Puncture wounds
  • Internal bleeding
  • Organ damage
  • Nerve damage
  • Torn ligaments or tendons
  • Broken bones

What Types of Premises Liability Accidents Lead to Injuries?

Experienced attorneys can make all the difference in winning your premises liability claim. First, you need to determine if your accident would fall under the category of premises liability. Since property owners owe a reasonable duty of care toward visitors, injured victims typically must prove that an oversight or hazard caused their suffering. 

Here are some examples of premises liability cases in Chicago that could allow you to recover compensation from the at-fault party:

  • Elevator and escalator accidents caused by deferred maintenance
  • Swimming pool accidents when lifeguards should have been on duty
  • Unsafe conditions on a construction site
  • Negligent security in a retail store results in injured customers
  • Fall accidents on a public sidewalk near Millennium Park
  • Dog bites on private properties
  • A dangerous condition in an icy parking lot outside a business

In general, if the property owner knew about the hazard for a sufficient amount of time and failed to address it, they may be held accountable under premises liability law. 

How to Strengthen Your Premises Liability Case in Chicago

If you suffer from a slip and fall or another type of accident on a Chicago property, you must know the proper steps to start building a premises liability claim. Here is what you should do immediately after getting hurt because of the property owner’s negligence:

  • Identify the cause and location of your injury
  • Be able to say why you were unaware of the hazard
  • Report the incident to the property owner as soon as possible so they cannot deny that it happened during a lawsuit
  • Seek medical attention for your injuries
  • Gather evidence from the scene, including eyewitness statements, images of the aftermath, pictures of your injuries, and footage of the incident
  • Maintain all medical records related to the treatment of your injuries to support your valid premises liability claim
  • Consult an experienced premises liability lawyer for legal assistance

Who Is Legally Liable for Premises Liability Accidents in Chicago?

One of the most important factors in premises liability cases is determining who is at fault. During the investigation of your personal injury claim, an attorney will look into the incident to evaluate the property owner’s duty of care to protect visitors. Potential defendants in Chicago premises liability cases may include:

  • A maintenance worker who failed to handle a repair to a stair railing adequately
  • An event organizer who did not implement adequate security measures to prevent overcrowding
  • A private resident owner who did not maintain a safe entryway to their home
  • A grocery store owner who failed to hire employees to clean up spills in a timely manner
  • The city of Chicago for failing to address uneven pavement on a sidewalk near Soldier Field
  • A business owner who fails to provide adequate lighting in a customer-accessible area
  • A contractor who fails to warn visitors to stay out of a construction zone

How Do You Prove a Property Owner’s Negligence?

Navigating premises liability law on your own can be challenging. Your best chance of proving negligence for a property owner in Chicago is with assistance from an experienced team like Slip & Fall Injury Lawyers. Proving negligence requires four elements:

  • Duty of care – The defendant must take reasonable care to prevent injuries to the plaintiff
  • Breach of duty – The property owner failed to uphold the duty of care
  • Causation – A causal link exists between the owner’s actions and the plaintiff’s injuries
  • Legal damages – The plaintiff suffered economic or non-economic losses as a direct result of the incident

Proving these four elements will require substantial evidence. Although the burden of proof is not as strict as a criminal proceeding, you must still prove that the defendant is “more likely than not” at fault for your injuries caused by the hazard. 

Does a Visitor’s Status Limit Liability in Illinois?

In Illinois, there are three classifications of visitors for premises liability cases. An invitee is someone who has been invited onto the property by the owner. A licensee is someone who has consent from the owner to be on the property for their own benefit, such as a customer visiting a store. A trespasser is an individual who enters another person’s property without their permission. 

The Premises Liability Act in Illinois states that a property owner only owes a level of reasonable care to invitees and licensees on their property. If a trespasser gets hurt, the owner will likely not be liable for any legal damages. 

How Long Do I Have to File a Premises Liability Lawsuit in Chicago?

Under state law 735 ILCS 5/13-202, personal injury cases must be filed within two years of the incident or the discovery of the injuries. Some exceptions to this rule may apply, such as for minors or delayed injuries from an incident. 

If you wait any longer to file your claim, you may not be eligible for compensation. Even if there is substantial evidence that the property owner failed to provide a reasonable level of care to prevent injuries, you still won’t be able to recover compensation if you wait two years to pursue the legal process. 

Attorney uses liability law to establish contributory negligence

Why You Need a Premises Liability Lawyer

Working with an experienced premises liability lawyer after a slip and fall accident in Chicago is essential. No matter how severe your injuries are, you could recover damages with the right legal representation. 

Whether your case gets settled outside of court or ends up in the First Municipal District of the Circuit Court of Cook County, Slip & Fall Injury Lawyers will increase your chances of securing a settlement. 

Here are some steps that our law firm will implement to build a strong claim and ensure the property owner is held liable:

  • A thorough investigation of the incident to determine the cause
  • Gathering evidence to prove negligence and damages, such as medical test results, maintenance records, expert testimony, and surveillance footage
  • Assessing all legal damages to secure a favorable outcome
  • Negotiating for maximum compensation with the insurance company
  • Representing you in civil court if necessary

When a dangerous condition leads to an injury on someone else’s property, you have the legal right to seek compensation from the owner. Whether the injuries are caused by dog bites, unsafe sidewalks, or slippery surfaces, Slip & Fall Injury Lawyers can help victims seek justice and financial compensation. 

We work on a contingency fee basis, which means you owe nothing unless we win a settlement. You can also ask questions about your case during a free consultation. Contact our law firm today to ask for your free case evaluation. 

Client Reviews

I am thrilled with how the team handled my trip and fall case. They hired an investigator to go out to the scene and take photos of the area to demonstrate a defect with the stairs. I could tell from the start...

Anthony W.

Extremely professional group of attorneys. They answered my questions and always responded to my phone calls. At the end of the day, they definitely recovered more money for my case than I feel like I could...

Debbie R.

After breaking my leg at work, I thought I had a straightforward slip and fall case. I was very wrong. Mr. Rosenfeld and his associates really handled everything for me in terms of getting my medical treatment...

Sean C.

Contact Us

  1. 1 Free Consultation
  2. 2 No Fees Unless We Win
  3. 3 Available 24/7
Fill out the contact form or call us at 312-800-1534 to schedule your free consultation.

Leave Us a Message

Disclaimer