How to File a Premises Liability Claim in Chicago

Published on: 07/10/23 — In 

If someone is hurt because of a property owner's negligence in Chicago, they can file a premises liability claim. To do this, they need to: get medical help, gather evidence, contact a lawyer, and build a case against the property owner.

Chicago premise liability lawyer Chris Ktenas

At Ktenas Injury our Chicago premises liability lawyers can help with your with your lawsuit. Call us today at (312)-300-2515 to schedule a free consultation.

When Can Someone File a Premises Liability Claim in Chicago?

In Chicago, a person can make a premises liability claim when they are injured as a result of negligence by the owner not exercising reasonable care or occupier of the property. Under premises liability laws this includes both residential and commercial properties.

Examples of situations that could give rise to a premises liability claim include slips and fall due to a slippery floor or wet floor, poor lighting, unsafe conditions, poorly maintained staircases or walkways, uneven sidewalks, negligent security, animal bite attacks on another’s property, improperly stored or maintained equipment, dangerous activity and hazardous substances.

Common Types of Premises Liability Claims

Premises liability accident cases involve injuries caused to injury victims by negligent property owners or occupiers. These cases range from structural defects to inadequate maintenance of smoke detectors or office buildings.

Our attorneys handle common personal injury claims like elevator accidents, slippery surfaces accidents, hotel accidents, and collapsing porches.

a photo of a wet floor sign with a person slipping in the background
  • Elevator accidents may occur due to improper maintenance, operator error, or malfunctioning parts.
  • Slip-and-fall accidents can happen when property owners fail to maintain safe premises.
  • Hotel guests may be at risk from malfunctioning elevators, broken stairs, or unsecured furnishings.
  • Collapsing porches can occur even with newer structures if wood elements are not repaired.

Seeking legal counsel from a premises liability lawyer can help ensure personal safety and financial recovery after an accident.

Slip and Fall Accidents

Slip and fall accidents are one of the most common types of premises liability cases in Chicago. If you or a loved one has been injured in a slip and fall accident, you may be able to pursue compensation from the property owner. 

Swimming Pool Accidents

Swimming pool accidents can lead to serious injuries and other damages. If you or someone you know has been injured in a swimming pool accident in Chicago, Illinois, you may be entitled to compensation for your losses. 

Elevator Accidents

Premises liability claims for elevator accidents in Chicago can be complex, as they involve a variety of laws and regulations. Depending on the circumstances, victims may have to consider filing a punitive damages claim with the property manager or operator, or even third-party contractors who maintain the elevator.

Learn More: How Long Do You Have to File an Injury Claim in Chicago?

Negligent Security Claims

Negligent security claims arise when an injured person can prove that the private property owner was negligent in providing adequate security and as a result, the injury occurred. To be successful with a premises liability claim, you must prove that the property owner had a duty of care to provide reasonable surveillance footage for security and they breached that duty by failing to take proper measures to ensure safety.

Property Owner Negligence

Property owner negligence is one of the most common grounds for a premises liability claim in Chicago. Property owners have a legal obligation to keep their premises safe for visitors, and if they fail to do so, it could result in injury to the visitor.

To build a successful premises liability claim based on property owner negligence, you must be able to show that the injury was caused by the property owner's failure to provide a safe environment.

Duty of Care Owed by Property Owners in Chicago

Property owners in Chicago owe a duty of ordinary care to their tenants and visitors, meaning that they are responsible for ensuring the safety of anyone entering their premises.

an attorney discussing a premises liability claim with a client

This includes making sure the property is free from hazards and providing adequate security, depending on the type of property. If a person suffers an injury while on someone else’s property, the owner may be liable for damages if they failed to fulfill their duty of care.

In Chicago, premises liability requires property owners to take reasonable steps to protect visitors from harm. This includes maintaining the property, warning visitors of potential dangers, and ensuring safety. The degree of care depends on the situation, but owners are expected to ensure visitor safety and warn of hazardous conditions.

What to Expect From a Premises Liability Claim

Premises liability claims can be filed when someone is injured due to a dangerous condition on someone else's property. Compensation can be sought from negligent parties for pain and suffering and other damages. Property owners are responsible for accidents caused by unsafe, defective, or dangerous conditions.

In Chicago, slips and falls or inadequate security are common cases. To file a valid injury claim, evidence must be gathered, such as medical documents or witness accounts. Obeying applicable laws is important, such as not trespassing or following posted signs.

Gathering Evidence to Support Your Claim

If someone is injured due to an unsafe premise in Chicago, they may be entitled to compensation through a premises liability claim. To increase the likelihood of a successful claim, it is necessary to collect and preserve evidence.

In a premises liability case, the burden of proof lies with the plaintiff, so evidence must show that the property owner or occupier acted negligently or was responsible for the injury.

To achieve this, document the accident and its aftermath as thoroughly as possible. Take pictures of any hazardous conditions, record conversations with witnesses or the property owner, and keep any medical bills records related to the injury.

Calculating Damages After an Injury Occurs

If someone is injured due to another's negligence, they may be entitled to compensation for their losses. Calculating damages for a premises liability claim in Chicago is complex and requires knowledge of both the law and personal finance.

When dealing with a personal injury case, it is important to identify the different types of losses that occurred as a result of the injury. These losses can include medical expenses, lost wages, and non-economic damages such as pain and suffering.

a law book, gavel, and statue of justice on a desk

There are various types of personal injuries, such as traumatic brain injury, spinal cord injury, emotional distress, neck injuries, bite injuries, foreseeable injuries, and head injuries. It is crucial to document any pain and suffering experienced to receive appropriate compensation.

Also, consider indirect or consequential damages like physical therapy and rehabilitation costs, home modifications, and transportation expenses related to treatment. Account for all costs when calculating damages for a premises liability claim.

How an Attorney Can Help You With a Premises Liability Claim

You may qualify for a premises liability claim if you were injured on someone else's property in Chicago. This type of lawsuit holds property owners responsible for injuries caused by dangerous conditions or inadequate security. You can seek compensation if you were a victim of slip and fall accidents, dog bites, or other forms of harm.

Our personal injury lawyers can help you with your premises liability claim by gathering evidence and proving negligence. Our attorneys have experience in handling these cases and aim for maximum financial compensation.

Call us today for more information at (312)-300-2515 to schedule a FREE consultation!