What Is Premises Liability?
Under the Illinois Premises Liability Act, property owners and operators in the state owe a duty of care to maintain safe conditions for people who have a lawful right to be on their premises. When they fail to ensure the safety of their guests, and someone suffers serious injuries, the negligent parties can be held liable for things like medical bills, lost wages, and pain and suffering.
Premises liability attorney Bogie Martinovich has over 30 years of experience holding businesses, property owners, villages, library districts, and their insurance companies accountable when they fail to maintain safe property conditions in Illinois. Let our personal injury law firm help you win your accident case.
Contact Premises Liability Lawyer Bogie Martinovich to get started with your recovery today. Call (847) 996-1350
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What Are Common Types of Premises Liability Cases?
Premises liability claims and lawsuits usually arise when a negligent landowner, business, manager, or property owner fails to display the level of care expected and someone gets hurt. A dangerous or hazardous condition can cause injuries in a variety of situations. Some of the most common involve:
Slip and Fall Accidents
Slip and fall accidents are a leading cause of premises liability claims and lawsuits in Illinois. Although falls from heights generally cause the most serious injuries, same-level slips and falls can cause severe injuries and deaths as well. Slip and fall accidents commonly occur when a negligent party fails to clean up spills, warn guests about wet floors, put up or maintain guard rails or handrails, or clear debris from sidewalks and other walkways. Uneven flooring or sidewalks, unmarked step-downs, uneven stairs, and loose or damaged carpeting are also common reasons people slip and fall. Loose handrails, cluttered stairways, damaged stairs, and poor lighting also cause countless stairway accidents in Illinois.
Premises liability accidents involving slips and falls are often responsible for broken hips and other bones, traumatic brain injuries, spinal cord injuries, and even wrongful death. If you suffered injuries in a slip and fall accident in Illinois, Bogie Martinovich can help you recover compensation for your losses.
Dog Bites/Animal Attacks
Animal attacks and dog bite injuries can cause long-term injuries, permanent scarring, and even death. The physical and psychological injuries caused by dog bites and animal attacks often require costly medical treatment. Oftentimes it is young children who are the victims of these attacks.
In Illinois, dogs and other animals are considered property under the law. The law in Illinois is designed to protect the general public and imposes broad liability on those who own or keep animals. If a dog or other animal, without provocation, attacks or attempts to attack or injures any person who is peacefully conducting himself, the owner or keeper of the animal is liable for damages to the injured person for the full amount of the injury. It does not matter if the owner of the animal knew of the animal’s propensity for aggressive or erratic behavior.
A toxic tort premises liability case may arise when a landlord, property manager, or business owner negligently exposes a visitor to a hazardous substance. Examples include, but are not limited to, exposure to lead paint, asbestos, mold, or dangerous chemicals. Victims who are exposed to toxic substances may develop cancer, organ damage, lung and breathing problems, and even wrongful death.
If you were exposed to a hazardous substance while you were on or near someone else’s property, and the negligent party knew about, or should have known about, the danger, experienced premises liability lawyer Bogie Martinovich can help you sue for damages.
Part of making sure guests are safe is taking appropriate security measures. What is considered adequate security varies depending on the type of property or establishment in a case. Most injury cases that involve inadequate security occur because of assaults at hotels, apartment complexes, office buildings, shopping malls, and event centers. Examples of inadequate security include, but are not limited to, the lack of security cameras, unlocked or broken locks, faulty alarm systems, lack of trained security personnel, and poor lighting.
If a property owner or manager failed to protect you from a security risk that the party knew about, or should have known about, premises liability attorney Bogie Martinovich can help you file a lawsuit to recover compensation.
Slip and fall accidents are not the only reason people get injured in shopping malls, supermarkets, grocery stores, warehouses, and other types of businesses. Improperly stacked merchandise on store shelves, falling tools and equipment in construction areas, and even inadequately secured light fixtures are responsible for serious injuries as well. In some cases, falling object injuries occur when buildings, porches, or other structures collapse.
People who are struck by falling objects may suffer brain injuries, broken bones, and even death. For those who survive, ongoing medical treatment, lost time from work, and psychological trauma are common. If you were struck by a falling object on another person’s property, premises liability attorney Bogie Martinovich can help you recover financially.
Why You Should Hire A Premises Liability Lawyer
You are not required to hire an attorney to pursue your premises liability claim or lawsuit
in Illinois. Handling your injury claim on your own, however, is not recommended. These
types of cases often involve large corporations and faceless insurance companies who
have substantial resources and teams of experienced attorneys on their side. Without
experienced premises liability attorneys fighting for your rights, you could leave tens of
thousands, or even hundreds of thousands of dollars on the table.
Experienced premises liability attorney Bogie Martinovich has developed a reputation for
success in injury cases like these. He will stand up to large corporations and their
insurance companies, negotiate with their attorneys, and help ensure you receive full and
fair compensation for your losses.
What Damages Are Available in a Premises Liability Claim
Various types of damages may be available in your premises liability claim. While economic damages and non-economic damages are common, punitive damages may also be available. Punitive damages are rarely awarded in injury cases in Illinois, however, unless especially egregious or malicious behavior is a factor.
Economic damages are available in all types of personal injury claims in Lake County, Illinois. Your economic damages include your monetary losses, like your medical bills, future medical treatment, and prescription medications, your lost wages and future lost wages, lost profits and impaired earning capacity.
Non-economic damages are not tied to your financial losses, but rather your pain, suffering and disability. If non-economic damages apply to your case, you may be able to recover compensation for things like your emotional distress, loss of everyday enjoyment of life, and physical pain.
Common Injuries in Premises Liability Cases
Property owner negligence can lead to various types of serious injuries, disfigurement, and permanent disability. In the worst cases, the negligence of property owners leads to wrongful death. In Illinois, premises liability claims commonly involve the following type of injuries.
Bone fractures occur in many personal injury claims and lawsuits that fall under premises liability law in Illinois. While even minor breaks can leave a victim with substantial medical bills and the inability to work, more severe fractures can cause nerve and soft tissue damage that takes years to heal. Sometimes, fractures can lead to permanent disability. In elderly people, a broken hip, and other injuries, from a slip and fall accident can eventually be deadly.
Usually caused by a sudden impact to the head, severe brain injuries often occur when people fall from heights, fall and hit their head, or get struck by a falling object. Since these injuries usually require ongoing medical treatment, in-home medical equipment, and round-the-clock care, they can quickly take a toll on a family’s bank account. Unfortunately, the insurance company will usually fight harder to avoid paying valuable claims like these, and financial recovery may not be obtainable without filing a premises liability lawsuit.
Spinal cord injuries are also some of the most severe types of injuries that can happen on someone else’s property. If a negligent property owner failed to maintain reasonably safe premises, and you suffered serious injury to your spinal cord, your road to recovery will be emotionally, physically, and financially draining. Contact our personal injury law firm to file a lawsuit right away. While premises liability lawsuits won’t take away the pain and trauma you have endured, a successful case will help you pay for your medical expenses, lost wages, and pain and suffering.
Moderate to severe burn injuries may cause significant scarring, life-threatening infections, amputation, and permanent disability for victims. These types of personal injury cases usually stem from faulty electrical wiring, defective fire alarms and sprinkler systems, or other fire safety violations. In some cases, however, severe burns can be caused by explosions, or exposure to hazardous chemicals, steam, or hot water. If you suffered severe burns on someone else’s property, our law office can help you hold the negligent property owner accountable for your losses.
The worst injury cases involving premises liability result in the wrongful death of a loved one. While our law firm understands that no amount of financial recovery will erase the pain of losing your family member, recovering fair compensation for your loss of love, companionship and grief as well as recovery for your economic losses will be a step toward justice and healing. We are available to assist you and your family in these difficult times.
How Long Do You Have to File Premises Liability Claims?
If a negligent property owner caused you harm, you need to take legal action right away. In Illinois, you generally have just two years from the date of the accident to file a lawsuit for injuries sustained on someone else’s property. Time limits may be longer or much shorter for your case depending on a number of circumstances. So, if you fail to take legal action before the deadline, you could be barred from recovering compensation.
What to Do if You Are Injured in an Accident on Someone’s Property
The steps you take after suffering an injury on another person’s property can significantly impact the success of your case. To safeguard your wellbeing, preserve evidence, and protect your rights, premises liability lawyers will generally recommend that victims do the following.
Contacting emergency responders is one of the most important steps you can take, especially if you are severely injured or someone else is in danger. While first responders tend to any immediate medical needs, police officers will investigate what happened, gather and preserve evidence, talk to witnesses, and file a police report.
Seek Medical Care
Be sure to let the paramedics check you over, even if you don’t think you were seriously injured. Sometimes the adrenaline from a traumatic event can mask serious, or even deadly, injuries. If you don’t go immediately to the hospital, be sure to get evaluated by a medical professional as soon as you can in the hours after the accident. If you suffered a head injury, go to the nearest emergency room right away.
Document the Scene of the Accident
If your injuries do not require immediate medical treatment, take advantage of this time to document the scene of the accident. Be sure to take photos of anything that might have contributed to your injuries. This might include photographing liquid on floors, broken guardrails, uneven sidewalk areas, collapsed structures, or damage from a fire.
Talk to a Premises Liability Lawyer
If your injuries are severe, contacting a premises liability lawyer should be a priority right after your condition has been stabilized. Since most premises liability attorneys offer free consultations, it’s a good idea to seek legal advice even if the insurance company is offering a settlement that you think is fair. When you contact Bogie Martinovich, our law firm will:
- Sit down and listen to your story
- Evaluate your personal injury case for free
- Estimate how much your case may be worth
- Explain your legal options
- File a premises liability lawsuit
Call: (847) 996-1350
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Bogie is an outstanding attorney in every way—knowledgeable, diligent, and effective. I would not hesitate to recommend him to anyone.
Bogie has handled our corporate legal litigation for more than 20 years, prevailing against some of the largest national law firms. He is very intelligent, knowledgeable, experienced, and helpful. We value his counsel very much and are pleased to have had him advising us for many years. For us, he is 10 stars!
The Burden of Proof in a Premises Liability Lawsuit
The burden of proof will be on you and your attorney when you file a premises liability lawsuit. Unlike a criminal case, the “proof” in a civil lawsuit simply means something is more probably true than not true. The following four elements must exist for you to have a valid premises liability claim.
Your attorney can help determine whether these elements were present when your accident happened. He or she will consider whether there was a:
Duty of Care
Property owners owe a duty of care to people who are on their premises with expressed or implied consent. A property owner must take reasonable steps to keep you from suffering harm and maintain a safe premises.
Defendant's Action (or Inaction) that Led to Your Injury
Suffering an injury on someone else’s property is not enough for a viable premises liability case. Your attorney must show how the careless actions of the defendant, or that party’s failure to act, caused your injuries.
Breach of Duty of Care
If the property owners, managers, or other responsible parties knew about a hazardous condition or reasonably should have known a danger existed, and they failed to address the hazard within a reasonable amount of time, they breached their duty of care.
For your cases to be successful, you must have suffered some type of loss because of the defendant’s negligence.
Let Attorney Bogie Martinovich Help You Win Your Premises Liability Case
When property owners, managers, and operators fail to maintain their premises to ensure that the people of Illinois are safe, they should be held accountable
for the harm that they cause.
Unfortunately, insurance companies that cover homes, businesses, and other properties are not quick to pay out on personal injury claims. Without legal
assistance, injured victims are often left to foot the bill for medical expenses, lost income, and other damages. That’s where our law firm comes in.
If you suffered injuries on someone else’s property, and you believe the property owner was negligent, contact us for a free consultation. If you have a valid
premises liability claim, Bogie Martinovich can help you win your case.
As a Chicago premises liability attorney who is based out of Libertyville, IL, Bogie represents injured victims in Lake County, Cook County and McHenry
Remember, statutes of limitations apply to premises liability cases So, contact us as soon as possible to file your claim.