Barbecues and family gatherings are staples of late summer and early fall, but the revelry can turn to tragedy in a moment when someone is injured. Under Illinois premises liability statutes, homeowners bear the burden of responsibility for the health and safety of guests on their property. It should be noted that Homeowner’s Insurance will pay for the homeowners liability.
The Illinois premises liability laws hold property owners responsible for a broad spectrum of actions or inaction that lead to injuries on their property. Examples of negligence include:
- Failure to clean up a spill
- Ignoring repairs to broken concrete
- Code violations
In order for the injured party to pursue compensation through a Lake County personal injury lawyer, the victim must show that the property owner knew, or should have known, about the danger, and took no actions to correct the issue.
Every year tens of thousands of people are injured in deck accidents, and the Consumer Product Safety Commission believes the rate of injury is increasing. Among those injured, almost 10 percent result in serious injuries. In most cases, the injuries were preventable.
A Lake County personal injury lawyer may look at three areas to determine who should be held liable for the injuries.
- Decking: The first question is whether or not the deck was properly installed and mounted to the home. If the investigation discovers the deck was installed with insufficient safety measures, the construction company has primary liability. If the collapse occurred because the homeowner knowingly allowed the number of people on the deck to exceed weight restrictions or did not maintain the deck’s safety features, the homeowner is responsible.
- Framing: The second area of concern is the framework. Over time the wood may become warped or damaged, and if the homeowner did not take the proper measures to maintain the materials, the deck is at high risk of collapse, and the railings may break and cause visitors to fall and injure themselves.
- Foundation: The final area of concern are the footers or the foundation of the deck. Building codes in each municipality determine how deep each post must be, and if the construction company failed to meet those requirements, they will be held liable for a collapse. Homeowners may face a lawsuit if there is evidence of damaged footers or missing supports.
Deck collapses and injuries are a regular occurrence year-round. Victims of those collapses may seek compensation for their injuries through a Lake County personal injury lawyer.