The Chicago attorneys you want on your side if you’ve been injured as the result of a property owner’s negligence or a related premises liablilty incident.
The Premises Liability Attorneys in Chicago
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DO YOU HAVE A PREMISES LIABILITY CASE?
Every year thousands of people are injured as the result of property owner negligence, yet many of these victims never realize that they have a premises liability case that can pay for their medical expenses, lost wages, pain and suffering and a host of other expenses that can arise when you’ve been unfairly injured on someone else’s property. These cases often arise out of situations such as these:
- Slip and fall accidents
- Swimming pool injuries
- Unsafe sidewalks and parking lots
- Poor construction on stairs, porches, or balconies
- Dog bites/animal attacks
- Escalator & elevator accidents
- Fire, burn & explosion accidents
- Dangerous equipment, tools & objects
- Inadequate security
While this captures some of the most common premises liability claims the actual list could go on and on and the best way to know if you have a premises liability case is to speak with one of our experienced personal injury attorneys in Chicago at your earliest possible convenience.
The consultation is always free and you pay nothing until we receive the money from winning your case.
PREMISES LIABILITY FACTS & TERMS
Action for damages arising out of injuries caused by an unreasonably dangerous condition on
the landowner’s/homeowner’s or business property.
The question of whether a duty is owed by a landowner can be addressed through both common-
law and statutory analysis
Common law requires:
1. the foreseeability that the defendant’s conduct will result in injury;
2. the likelihood of injury;
3. the magnitude of the burden of guarding against it; and
4. the consequences of placing that burden on the defendant.
A statutory duty is imposed pursuant to the Premises Liability Act, 740 ILCS 130/1, which
states that the duty owed by an owner or occupier of land to an entrant on the property “is that of
reasonable care under the circumstances regarding the state of the premises or acts done or
omitted on them.”
Against a Business
Action against a business owner for the breach of a duty owed to an individual in his or her
capacity as a trespasser, invitee, or licensee. A cause of action for premises liability against a
business owner arises under common law and statute.
Status of the Plaintiff
Trespasser. A trespasser is one who enters on the land of another for his or her own purposes
without permission, invitation, or right.
Invitee. An invitee is one who enters the premises of another with the owner’s or occupier’s
express or implied consent for the mutual benefit of himself or herself and the owner or for a
purpose connected with the business in which the owner is engaged.
Licensee. A licensee is one who goes on the premises of another, with the express or implied
consent of the owner, to satisfy his or her own purposes rather than for the mutual benefit of
himself or herself and the owner or a purpose connected with the business in which the owner is
engaged or permits to be carried out on the premises.
– Your claim will rely on which category you fall under
– The only duty owed to a trespasser by an owner or occupier of land is not to willfully or
wantonly cause injury
– Duty to licensees/invitees. With regard to incidents involving licensees or invitees an
owner or occupier of land owes a duty of reasonable care under the circumstances.
– Open and Obvious: Generally, an owner/occupier has no duty to warn of open and
obvious conditions. But if the owner/occupier has reasons to suspect that the potential
plaintiff may not appreciate the danger due to some distraction, a factual issue arises
concerning the defendant’s negligence as well as possible contributory negligence on the
part of the plaintiff
– Attractive Nuisance: This doctrine was developed as an exception to the general rule
that a landowner owes no duty to a trespasser except to refrain from causing willful and
– This doctrine generally applies to children as a landowner will be held liable for
injuries to children trespassing on the land, if the injury is caused by any
hazardous condition or object on the land, that is attractive to curious children
who are unable to understand the risk involved in such condition or object.
– Examples: Railroads, swimming pools, construction sites.
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