A Negligent Property Owner May Owe You Restitution

Types of Premises Liability Claims

In premises liability cases, injuries must be caused by an unsafe or defective condition on the property where your accident occurred. There are several types of injuries that may qualify as a premises liability claim, including accidents related to:

• Slip and falls
• Dog bites 
• Snow and ice 
• Inadequate maintenance 
• Fires
• Swimming pools
• Toxic fumes or chemicals
• Flooding or leaks

Our team is extensively experienced in personal injury cases and can help you determine the best means to pursue your claim.

Proving Liability 

If you suspect that your injury was caused by negligent owner, proving fault can be complex. It is your responsibility to prove the property owner or controlling entity is responsible for your injuries. In the state of Illinois, the property owner or operator is held to a reasonable standard of care in maintaining the property and various safety factors.

In general, both property owners and visitors have responsibilities to prevent injury. The property owner or operator should warn visitors of any dangerous conditions and visitors should act accordingly to avoid harm. 

Visitor Status

One of the most important factors in premises liability claims is determining your visitor status when you were injured as this will directly affect your right to compensation. Visitor status is classified as either invitee, which includes social guests, licensee (individuals who visit the property to conduct business, such as salesmen), or trespasser, who was not given permission to enter the property. Invitees are owed the highest duty of care and trespassers the least. 

Your Actions at the Time of Injury

Another factor that is considered when assigning liability for injuries is your actions at the time of injury. If you disregarded the owner's warnings that there were unstable or dangerous conditions, resulting in an accident, you may not be able to hold them liable. In other cases, you may assume a portion of the responsibility, known as comparative fault.

You may be able to recover compensation if you have been injured due to the negligence of a property owner or controlling entity. 

Comparative negligence is applied to a case in which both parties are partially liable. As such, the property owner will only be responsible for a percentage of the compensation. However, if their comparative fault is below 50 percent, you may not be entitled to any compensation on their behalf. 

Hire a Dedicated Attorney

Our legal team has a thorough understanding of the nuances associated with premises liability and can help you understand your rights. Contact us online or call us today at (312) 327-1840 to discuss the events of your injuries with one of our compassionate lawyers.