What Is Premises Liability? Premises liability is a type of personal injury claim that addresses injuries sustained on another person’s property. It outlines property owners’ responsibilities and the compensation available to accident victims. To file a lawsuit under premises liability law, you must prove negligence.
If you’ve been injured on someone else’s property, contact Bogdan Martinovich at (847) 996-1350 to seek compensation.
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Types of Premises Liability Cases
There are various types of premises liability claims:
Slip and Fall Accidents
Premises liability cases frequently involve slip-and-fall incidents. These happen when individuals sustain injuries on another party’s property due to hazards that can lead to a slip and fall like wet floors, ice, torn carpeting, or debris. In these situations, property owners are obligated to maintain safe premises and ensure the absence of hazardous conditions. If they fail to do so, they can be held accountable for the injuries suffered by the individual.
Inadequate Maintenance
Property owners should keep their property in good condition. Neglecting maintenance could create hazardous situations that harm visitors. Inadequate maintenance could involve damaged or uneven sidewalks, flawed steps, or malfunctioning handrails. If a property owner doesn’t properly maintain his or her property and someone gets hurt, he or she could be held accountable for resulting harm.
Defective Conditions
Defective conditions may exist on properties like apartment complexes and grocery stores. These hazards could include faulty wiring, malfunctioning elevators, or uneven flooring. Property owners may be responsible for resulting injuries if they don’t take care of these problems. Additionally, legal action can be taken against manufacturers of defective or poorly designed products.
Poor Security
Insufficient security measures at a property can lead to severe injuries. Visitors expect to be safe, and inadequate security can make a space vulnerable to attacks or break-ins, putting visitors at risk. Property owners must implement reasonable security measures to protect their visitors and can be held accountable for injuries resulting from negligent security practices.
Dog Bites
In Illinois, dog owners are responsible for any damages if their dog bites someone. Dog bite liability applies whether the bite happens on the owner’s property, in public places, or on private property with the victim’s lawful presence. Victims can easily file claims for dog bite injuries without having to prove the owner’s negligence, only needing to show that the bite caused injury while they were in a lawful place.
Legal Standards for Premises Liability in Illinois
Illinois premises liability law allows visitors to sue property owners or tenants who fail to uphold their duty of care. Premises liability law centers on negligence.
Proving Negligence
To hold a property owner or tenant accountable for your injuries, you must prove the four elements of negligence.
Duty of Care
Property owners and occupiers in Illinois are legally obligated to take reasonable care to prevent foreseeable injuries to guests and maintain their premises safely. This includes knowing about risks and taking steps to minimize them. Property owners should:
- Exercise reasonable care to identify and fix hazards on the property
- Warn guests and visitors about known hazards if it is unlikely that guests and visitors will find or recognize the hazards, or might fail to protect themselves from them.
Breach of the Duty of Care
Regarding premises liability, a breach of duty means a property owner or occupier fails to meet the expected standard of care for lawful visitors. This could include not fixing known hazards, neglecting maintenance, or not giving enough warning about dangers.
The Breach Resulted in Your Injury
To seek compensation, your documented injury must be directly linked to the property owner’s negligence. If your injury was caused by something other than the property owner’s negligence, such as your actions, holding the property owner responsible may not be possible as there would be no connection between his or her negligence and your harm.
You Suffered Damages as a Result of Your Injury
You must demonstrate that you’ve experienced damages when making a premises liability claim. These damages can be either economic or non-economic. Economic damages refer to financial costs such as current and future medical expenses, lost wages, and reduced earnings capacity. On the other hand, non-economic damages encompass subjective, non-monetary losses like pain, emotional distress, and loss of companionship or enjoyment of life.
Without experiencing damages, there is no basis for claiming compensation and thus no valid claim.
Typically, if you are injured on someone else’s property, you will be successful in a premises liability claim if you can prove:
- There was a dangerous condition on the premises
- The party in possession or control of the premises was aware or should have been aware of this condition
- The party in possession or control of the premises did not take reasonable care to address, fix, or warn about the danger
- As a result, you sustained an injury that led to damages.
The signs of hazardous conditions are often evident. These may include staircases with loose railings or broken steps, poorly maintained walkways, and slippery floors, leading to frequent injuries.
At times, identifying dangerous conditions may require an investigation. For instance, a business might be aware that a dimly lit parking lot has previously exposed patrons to harm by criminals, yet has not taken action to address the issue.
Your Legal Status on the Property
Your legal status on a property in Illinois determines the obligations of the property owner or occupier. There are three categories of visitors: invitees, licensees, and trespassers.
Invitees are on the property for business purposes, and the owner owes them the highest duty of care. Examples include restaurant patrons.
Licensees are guests invited for their own purposes, and property owners owe them an intermediate duty of care. An example is visiting a friend’s house.
Trespassers enter without permission, and property owners owe them the least duty of care. However, they cannot intentionally injure them or set traps to harm them.
Steps to Take if You Are Injured on Someone Else’s Property
If you’ve been injured on someone else’s property in Illinois, you might be able to seek compensation. To improve your likelihood of a successful outcome, it’s important to follow these guidelines:
Seek Medical Attention
You should seek medical help immediately after an accident, even if you think your injuries are minor. Injuries can worsen over time, so visiting a doctor is essential for proper diagnosis and treatment to ensure a faster recovery.
Seeking medical attention after an accident is important for building a solid case. It establishes a clear link between the accident and your injuries, documenting important details about the extent, cause, and symptoms in your medical report.
Delaying medical help can make it harder to link your injuries to the accident, and the responsible party may claim you were negligent for not seeking timely medical attention, weakening your claim.
Collect Evidence
Evidence is vital in premises liability cases. It helps establish negligence and is needed to prove your case. To ensure you have the best chance of getting maximum compensation for your injuries, you and your premises liability lawyer need to gather all the evidence needed, including accident reports, witness statements, surveillance footage, medical records, and other relevant evidence.
Accident Report
The accident report is essential evidence in a premises liability case. It can be obtained through law enforcement or filed by the injured party and records crucial details such as the date, time, location, property owner violations, and how the injury occurred.
Witness Testimonies
The next piece of evidence is witness statements. These statements should include the witness’s contact information, location during the accident, and a description of what happened. Witness testimonies can provide important information about property conditions, hazards, and the extent of the injury.
Security Camera Footage
Surveillance footage is crucial in premises liability cases. It serves as telling evidence, capturing the incident in question. Installing video cameras on the premises promotes safety and provides essential evidence to establish liability.
Medical Records
Medical records play a crucial role in premises liability cases by providing detailed information about injuries and their connection to an accident. They help support legal claims and provide insight into necessary treatment and recovery processes.
Other Relevant Evidence in a Premises Liability Case
Testimonies from professionals such as architects, contractors, building or maintenance contractors, etc., are essential evidence to establish the property owner’s responsibility. Personal injury lawyers frequently consult these expert witnesses to clarify intricate ideas for judges or a jury, expand their understanding, and determine who is accountable.
Speak to an Attorney
Success rates in premises liability trials in 2024 are 39%. Having a lawyer maximizes your chance of receiving compensation. A lawyer can assist you in determining the viability of your claim and help gather evidence to support your case. Moreover, an attorney can assess the value of your claim. Contact Bogdan Martinovich to learn about the payment structure for personal injury lawyers, receive advice on filing a lawsuit, and have a professional negotiate a settlement on your behalf.
