If you’ve been injured on someone else’s property due to negligent actions, you may have a claim for premise liability. Under the law, a person or entity who owns or controls property can be held responsible for injuries that take place on the premises. These types of claims arise when conditions on the property are dangerous, unsanitary, or hazardous in some way.
Call our experienced premises liability lawyers at Ktenas Injury Attorneys today at 312-300-2515 for a free consultation. Our dedicated attorneys will create a solid defense for your case and ensure that you will receive the maximum compensation for your personal injuries caused by the negligent party.
What is Premise Liability Law?
Premises liability is a legal concept based on the responsibility of a private or commercial property owner to keep their establishment reasonably safe to avoid foreseeable injury. It is their legal obligation either to be aware of and repair hazardous conditions on their premises or to provide adequate warnings of existing hazards to those visiting the property.
In cases where the property owner has been negligent in carrying out this responsibility, and that negligence results in injury, the owner may be liable for any damages resulting from that injury.
In Illinois, these obligations are clearly defined by the Premises Liability Act, 740 ILCS 130. The act sets out what constitutes a reasonable effort to ensure guest protection as well as clarifying details such as when landowners can be held responsible for specific injuries sustained at their property.
Ultimately, it reinforces the premise that property owners should take reasonable steps to ensure visitors’ safety so that they don’t have to worry about suffering harm due to dangerous conditions at someone else's home or business.
Benefits of Hiring a Chicago Premise Liability Lawyer
Property owners and their businesses have a legal responsibility to provide safe environments for visitors, employees, and all those who come in contact with their premises. Unfortunately, some business owners and homeowners fail to meet this basic obligation and people are injured as a result.
Common causes of harm on the property of another include inadequate maintenance of walkways and parking lots, unsafe conditions such as improperly stacked merchandise, loose carpeting, faulty wiring, and construction sites that are left neglected.
Hiring a premise liability lawyer will make sure that your rights are protected if you are an accident victim. In cases like these, there can be serious medical ramifications requiring immediate medical attention or even potentially long-term medical expenses and ongoing pain and suffering for victims.
If you or someone you know have suffered damage from an accident on another person’s property, it is important to speak with an attorney experienced in premises liability litigation quickly in order to ensure your rights are protected.
Types of Premises Liability Claims
There are many types of premises liability claims that apply to both public and private properties. Premises liability claims in Chicago can involve anything from slip and fall accidents to injuries caused by criminal activity.
For these types of injury claims, compensation elements may include reimbursement from the responsible party for a wide range of out-of-pocket expenses including medical costs, disability, pain and suffering, physical therapy, rehabilitation costs, income loss, and even funeral costs.
Inadequate Security Claims
Property owners are required to maintain reasonable security and safe premises. Inadequate security claims involve the allegation that a property owner provided a lack of security and unsafe premises for the guests.
This type of claim can arise out of a variety of situations, such as an attack on a tenant or visitor within a residential complex, or a robbery at an establishment without proper lighting or surveillance equipment. Negligent security claims are not limited to physical damage or harm but also can include emotional distress.
Slip and Fall Accidents
Slip and fall injury claims are the most common type of premises liability and they may occur due to slippery floors, uneven tile floors, or broken steps. The potential injuries that can result from these accidents range from minor to severe, including broken bones, spinal cord injuries, and even traumatic brain injuries.
Since treatment for these types of injuries can be costly, many injury victims choose to pursue legal action against the property owner or manager in order to seek compensation for their losses and suffering.
Swimming Pool Accidents
If not properly maintained, swimming pools can lead to accidents if safety precautions are not taken seriously. Businesses and private residences that own pools or hot tubs are required to take certain steps in order to ensure the area is reasonably safe.
This includes erecting a fence with locking gates that will prevent children from entering the premises when left unattended by an adult. It also means being sure all chemicals used in the pool or hot tub are appropriate so as not to cause any kind of illness for guests or patrons. Owners of the swimming pool are also required to have life preservers readily available and must have regular maintenance schedules to ensure all components of the pool are working correctly at all times.
Negligent Maintenance or Repair Accidents
When it comes to premises liability cases, negligent maintenance or repair accidents are one of the most common causes of injury. These types of accidents occur when a property owner fails to properly maintain, inspect, or repair their property on a regular basis. This can lead to dangerous conditions that put visitors and occupants at risk of serious injury.
Negligent maintenance or repair accidents can take many forms, ranging from slips and falls caused by wet floors to machinery malfunctions that lead to serious injuries. Anytime a person is injured due to the actions of the negligent property owner, they may be able to seek compensation for their damages by filing a personal injury claim.
Dog Bite Claims
In Illinois, dog owners are held to a strict level of liability for any damages caused by their pets. This means that the owner is liable for any damage or injury caused by their dog, even if they were not aware of the potential danger posed by the animal. This holds true regardless of whether or not the owner was negligent in controlling their pet, and could include anything from property damage to physical injury to emotional distress.
Duties of Property Owners and Occupiers in Chicago
Property owners have a duty of care to their visitors and tenants. If they have failed to keep this duty and have caused harm to visitors, you have the right to make a legal claim to receive fair compensation for your injuries. In some cases, you may be able to receive extra punitive damages to penalize the owner for their recklessness.
Duty to Maintain the Property in Safe Condition
Property owners have a duty to maintain their property in a safe condition and to protect visitors from any dangers that exist on the property. This is known as premise liability law, and it applies to both private and public premises.
Duty to Warn Visitors of Dangerous Conditions
When someone visits a business or property, they have the right to expect a certain level of safety. The property owner has an obligation to warn visitors about any potential risks, dangers, or hazardous property conditions that may exist on the premises.
A duty to warn applies in cases where the property manager or owner knows or should have known of a dangerous property condition that is likely to cause harm.
Duty to Protect Visitors from Unauthorized Entrants
In Chicago, property owners and businesses have a duty to use reasonable care to protect their visitors from foreseeable risks of harm. This includes protecting them from unauthorized entrants on their property. If an owner or business fails to take reasonable steps to prevent the unauthorized entry of a person onto their premises and someone suffers an injury, they will likely be liable.
Ordinary Care Expected from Property Owners
Property owners in the state of Illinois have an obligation to ensure that their premises are safe for visitors and tenants. This requirement is known as ordinary care, which is defined as the amount of precaution a reasonable person would take to reduce or remove any risks that may be present on the property.
Property owners must make certain that all areas of their property are free from hazards and maintained in a manner that protects visitors' and tenants' safety. If they provide a lack of safety on the premises, they will likely be liable for any injuries caused.
Statutes of Limitation for Filing Premises Liability Claim in Chicago
It is important to take note of time constraints when considering a premises liability claim in the state of Illinois. Generally, an individual must file a claim for compensation within two years after their accident occurred on someone else's property. If it is a wrongful death claim, then the statute of limitations begins from the date of the death.
It is important to keep these deadlines in mind because if you fail to make the claim within the time limit, you may be restricted from bringing any sort of civil claims against the owner responsible for your pain and suffering or even worse, unable to obtain rightful compensation for wrongful death.
For this reason, it is always best practice to seek legal representation as soon as possible when dealing with a premises liability matter. Our knowledgeable and experienced Chicago injury attorneys know how to create a valid and strong claim for your case and can create a successful premises liability claim for you.
Contact Ktenas Injury Attorneys Today for Your Premise Liability Case!
When it comes to premises liability lawsuits, it can be an incredibly intimidating and overwhelming process for a victim. From the moment of a premises liability accident that results in injuries, victims can find themselves confused and overwhelmed with the entire situation. That’s why it is so important to have a personal injury attorney on your side who understands premises liability law and legal rules when pursuing justice in these types of cases.
We understand how frustrating and overwhelming these types of cases can be — that’s why our experienced premises liability attorneys strive to assist our clients with pursuing proper justice no matter how difficult those circumstances may be. Contact our Chicago injury law firm, today at 312-300-2515 for a free consultation with a defense attorney to evaluate your case.