If you were injured on someone’s property in Chicago, Illinois, whether the property is owned by a business or private individual, you may qualify to file a premises liability claim. Several types of incidents fall under premises liability claims. It’s important to know whether your case falls under a premises liability category and the conditions you must meet to hold the landowner responsible.
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Premises Liability in Illinois
Cases involving premises liability and the negligent landlord are quite common in Chicago, Illinois. However, premises liability is not limited to landowners and property owners. If you visit a friend’s house and suffer an injury due to his or her negligence, you may be able to file a claim, despite your friend only leasing the apartment rather than owning it.
What Is the Duty of Care Owed to Visitors in Illinois?
Owners and occupiers owe a duty of care to visitors who are licensees or invitees. According to the Illinois Premises Liability Act, there is no distinction between these two types of visitors.
Licensees are people who visit for social purposes or enjoyment. For example, friends attending a party would be considered licensees. On the other hand, invitees are there for business, or the benefit of the owner. A contractor coming to do work on a property would be considered an invitee.
In either case, the owner or occupier owes a duty of reasonable care to take proper precautions to prevent visitors from being injured by dangerous conditions. An example of a dangerous condition is the presence of toxic chemicals, a wet floor that causes someone to slip and fall, or a chandelier that wasn’t properly installed and is thus liable to fall on visitors’ heads.
There are exceptions to this duty of care. For example, if the dangerous condition is obvious or the visitors were warned or aware of the condition, they may not be able to hold the owner liable for injuries suffered as a result. Furthermore, injuries suffered due to misuse of the property are also not included.
If the owner was reasonably unaware of the dangerous condition, you be unable to hold him or her liable.
The duty of care does not apply to adult trespassers. If you trespass on someone’s property, he or she does not owe you this duty of reasonable care. However, the owner must still refrain from knowingly and intentionally trying to harm you.
The same cannot be said for child trespassers. Owners do have a duty of care to avoid placing objects on their properties that may attract and harm child trespassers. An example is a faulty swing set that hasn’t been properly maintained and can break when being used, leading to injuries.
If your child suffered an injury due to a dangerous condition on someone’s property, you may have grounds for a suit under the attractive nuisance doctrine.
What Are the Types of Incidents Covered Under Premises Liability Claims?
In general, an accident caused by a dangerous condition on someone’s property which the owner or occupier was aware of can be covered under premises liability claims. A premises liability attorney can help you determine whether your injury qualifies.
Commonly covered injuries under the Premises Liability Act include:
Slip and Fall Accidents
Slip and fall accidents are some of the most common premises liability claims. A simple slip might result in the victim hitting his or her head on the edge of a kitchen counter. This could result in lacerations, a broken nose, bruises, and even a concussion. Concussions may result in a cloudy state of mind, fatigue, headaches, and long-term memory problems.
Whether a premises liability claim could be filed for a slip and fall depends on several factors. If you were aware of the condition that caused the fall – for example, the owner put up a sign that said the floor was wet – you may not be able to file a claim.
Similarly, if you slipped and fell on something you spilled yourself, you probably can’t hold the owner responsible.
In addition, if the slip and fall was caused by a natural accumulation of ice on the driveway, you likely won’t have grounds for a case. If, on the other hand, a leaky pipe caused a ceiling leak, causing an accumulation of liquid on the kitchen floor, and this resulted in you slipping and falling, you likely have grounds for a claim.
Inadequate Security
If the owner of the building failed to take proper security measures, and you were the victim of an attack as a result, you may have grounds for an inadequate security claim. Examples may include:
- Hotel not locking the doors at night.
- Bar not hiring a bouncer or security guard.
- Convenience store not installing security cameras or proper lighting in the parking lot.
To win your case, though, you may need to demonstrate that had the owner or occupier taken adequate security measures, you most likely would not have suffered this injury or assault.
Defective Conditions
Defective conditions due to poor maintenance or construction could also provide grounds for a premises liability claim. There are many types of defective conditions you could file a claim for. A defective elevator that fell while in use is one example.
If you misused the property, though, you may not be able to file a claim. For example, if the elevator had a sign that said it was out of use, and you used it anyway, only to suffer an injury, you may not be able to file a claim.
Dog Bites/Animal Attacks
Dog bites and animal attacks are also common premises liability cases. A dog that was not properly trained, or known to be dangerous but not properly guarded, poses a danger to visitors. If you were bitten or attacked by this dog, you may be able to file a suit.
Similarly, if the owner had a dangerous pet on the property, even if it isn’t technically illegal to own, you could file a suit.
What Should You Do If You Have a Premises Liability Claim in Illinois?
If you get injured on someone’s property, you should seek medical care as soon as possible. Emergency treatment is important after a slip and fall, dog bite, or any other injury.
Then, document and collect evidence. For example, if you suffered a slip and fall, take pictures of the cause of the fall, such as the accumulation of liquid and leaky ceiling. If the security cameras at the hotel were shattered and in a state of disrepair, take pictures of them as well.
Consult With a Premises Liability Lawyer
A premises liability lawyer in Chicago can help you determine if you have a case. He or she could also help you calculate the extent of your damages.
You can seek compensation for your medical bills, lost wages, and long-term rehabilitation. In addition, if you suffered emotional damage, such as PTSD, you may seek compensation for that as well.
How is pain and suffering calculated in a slip and fall accident? Pain and suffering refers to physical pain and emotional suffering as a result of the injury. These damages are often calculated based on the value of the economic damages in a claim.
That’s where a lawyer comes in. An attorney can bring on experts who can help you calculate the true extent of your damages and prove the value of your claim in court.
Often, a lawyer will be able to help you reach a settlement with the defendant. This could expedite the payout of compensation and avoid stressful and lengthy court cases. However, if necessary, your attorney can also represent you in court.
