Premises Liability Lawyer in Chicago, IL

Premises Liability Lawyer in Chicago, IL

If you or someone you love were seriously injured on someone else’s property, you deserve a full financial recovery. Call the Chicago, IL personal injury lawyers of Burger Law at (314) 500-HURT or contact us online to be made whole again. If you were injured because someone else was negligent in Chicago, IL, discover how much your case may be worth by using our free personal injury calculator.

If you were injured by a property owner or manager’s negligence, seek medical care immediately. Then call Burger Law. Our attorneys have over 80 years of combined litigation experience holding negligent people in Chicago, IL accountable. You did not ask to be injured, but with our dedicated team and extraordinary level of legal advocacy, you can be made whole again. The decision to hire a premises liability lawyer is an important one; you only have one opportunity to get the best possible compensation for your injuries. You deserve it, and we will not stop fighting until you receive it. Over our 30 years of practice, we have secured more than $200 million in verdicts and settlements for our clients in a wide range of personal injury cases. Let us handle the legal battle so you can focus on your physical recovery. Speak to a Burger Law Chicago, IL premises liability lawyer today at (314) 500-HURT for a free consultation.

Acclaimed Premises Liability Lawyers That Deliver

Choosing the right personal injury lawyer for your claim is crucial. You want someone who has won your type of case before and who you know is not afraid to take the case to trial if they have to. In order to gauge the abilities of an injury law firm, you need to take into account their previous victories, and their reputation among their clients and peers. The numerous awards, honors and accolades Burger Law has received from other attorneys include:

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a remarkable achievement awarded to less than 5 percent of all attorneys nationwide
• Million and Multi-Million Dollar Advocate Honor — Members of the Million and Multi-Million Dollar Advocates Forum, an honor only given to 1 percent of attorneys in the United States.
• Top 100 Trial Lawyers Honor — Selected to the Top 100 Trial Lawyers by The National Trial Lawyers, an invitation-only award that is comprised of the most qualified lawyers in each state.
• Board Certified By the National Board of Trial Advocacy — Board certified in Civil Trial Advocacy and Civil Pretrial Practice Advocacy by the National Board of Trial Advocacy. Fewer than 4 percent of all practicing lawyers are certified by an ABA accredited certification board.

Any premises liability lawyer can say they know how to handle your case, but having a proven track record of success is another matter entirely. Some of our recent premises liability case victories include:

• $1.435 Million Settlement Against Three Defendants For Deck Collapse That Injured Couple
• Widow in ATV Accident Settles with Property Owner – $600,000 Settlement
• $400,000 Settlement in Employer Sexual Harassment Case
• $350,000 Settlement in Ladder Case
• $300,000 Settlement for Slip and Fall Case
• $270,000 Settlement For Construction Site Bike Accident
• $250,000 Slip and Fall Settlement
• $250,000 Settlement in Icy Slip and Fall Suit
• $232,000 Workers’ Compensation Settlement
• $150,000 Settlement Days Before Trial
• $125,000 Slip and Fall Success
• $125,000 Settlement in Trip and Fall Case
• $125,000 Settlement in Auditorium Fall
• $120,000 Settlement For Gateway Arch Worker Injured on Tram
• $117,500 Slip and Fall Settlement
• $0 to $70,000 in Parking Lot Injury Claim

What Is the Illinois Premises Liability Act?

According to The Illinois Premises Liability Act, those in control of a property, meaning whoever owns it or is in control of it, generally have a duty of reasonable care to protect visitors from unreasonable harm because of dangerous conditions on the property, by either fixing the hazard or by notifying guests that its there. That can mean dangerous conditions that they either explicitly knew about or should have discovered through reasonable diligence. If the dangerous condition was “open and obvious,” for example, open flames, a property owner generally does not owe you a responsibility to keep you from unreasonable harm.

Examples of a dangerous condition are:

• Spills that are not cleaned up or are not warned against
• Potholes
• Loose railings
• Unsecured flooring
• Unsecured cables
• Broken stairs
• Faulty doors
• Slippery surfaces due to ice, snow, or water
• Uneven walking surfaces
• Poorly designed or maintained playground equipment
• Poor building craftsmanship
• Insufficient lighting
• Falling debris
• Broken locks or insufficient security measures
• Pools without fencing or lifeguards on duty
• Aggressive animals
• Poor electrical wiring

If you were not using the property as intended, for example, “goofing off” or being on a part of the property you were not allowed to be on, the property owner or manager typically does not has a responsibility to keep you from harm.

To prove a premises liability claim in Chicago, IL, you must demonstrate the following four factors:

1. That the defendant owed you a duty of reasonable care
2. That there was a dangerous condition on the premises
3. That the party in possession of the property knew or should have known about it
4. That they did not use reasonable care to warn, fix or discover the dangerous condition
5. That the dangerous condition caused you injuries

Are There Any Exceptions to to “Open and Obvious” in Illinois Premises Liability Laws

There are two exceptions to the “open and obvious” doctrine:

1. The “Distraction” ExceptionIn Ward v. K Mart Corp (185 Ill. App. 3d 153 (Ill. App. Ct. 1989)), the Illinois Supreme Court ruled that the state would apply a “distraction exception.” If an owner should predict that you may not appreciate a hazard because you may be distracted by something else on the property, they still need to repair or guard against the hazard. For example, if a retail store has signs on the wall promoting their sales, and you fell over an “obvious” condition because you were looking at them, the distraction exception may apply. The exception does not include self-created distractions, such as looking at your phone.
2. The “Deliberate Encounter” ExceptionThe second instance in which “open and obvious” does not apply is when the danger may be easily discovered, but the benefits to proceeding outweigh the risks. In LaFever v. Kemlite Company (185 Ill. 2d 380 (Ill. 1998) 706 N.E.2d 441), the Illinois Supreme Court ruled that the person in charge of a property owed a duty of care to a man who slipped on slippery material near a dumpster. The hazard was obvious, but as it was the man’s job to empty the dumpster, the owner should have expected that the man would encounter the waste.

Types of Visitors in Chicago, IL Premises Liability Claims

The extent of the duty the property owner or manager owes you depends on why you were on the property. Illinois law differentiates between three categories of visitors:

Invitees and Licensees

Invitees are people that are on the premises for the property owners’s financial benefit, for example diners at a restaurant or attendees of a sporting event. An invitee can also be someone on property open to the public.

A licensee is someone that is on the premises with the consent of the possessor, but either for their own benefit or the benefit of neither. Common examples include friends over for dinner, a utility technicians performing work on your property, someone you allow to hunt on your property at no cost or someone stopping into a store only to use the bathroom.

In the past, Illinois Law stipulated that property owners owe a higher duty of care to invitees than licensees. However, since the current Illinois Premises Liability Act was passed on September 12, 1984, the duty of care owed to invitees and licensees is the same.

Trespassers

A trespasser is someone who enters a premises against a possessor’s wishes. Because the possessor did not invite them to the premises, the Illinois Pattern Jury Instructions does not require property owners to keep trespassers safe from unreasonable harm, with some exceptions:

• Once the trespasser’s presence is known or should be known, an owner has a duty not to purposefully injure the trespasser.
• If an owner knew there was a man-made structure that could seriously injure a trespasser, and the owner knew or should have known of a trespasser’s presence, they have a duty to warn against the condition.
• If the owner is conducting activities, for example yard work, and knows that activity could harm a trespasser, they have a duty to try to avoid injuring the trespasser.
• According to the common law theory of attractive nuisance, in some states, property owners can be held strictly liable – or automatically liable – if a child comes onto the property because of a dangerous condition that might be attractive to a child and the child is hurt. Examples of an attractive nuisance include swimming pools, trampolines, abandoned wells or construction sites. In Kahn v. James Burton Co. (5 Ill. 2d 614 (Ill. 1955) 126 N.E.2d 836), the Illinois Supreme Court rejected strict liability in attractive nuisance cases. Instead, the child and their family would have a general negligence claim. To have a valid attractive nuisance claim, you must demonstrate:
  • The owner had reason to believe a child may come onto the premises,
  • The nuisance could cause harm to a child
  • A child would likely not understand the danger, and
  • The cost of protecting the child from the danger was relatively low

If you are unclear about whether the possessor of the property owed you a duty of care and breached it, your experienced premises liability lawyer at Burger Law will help you make sense of your situation and get you the best possible legal outcome in your situation. Talk to a premises liability lawyer in Chicago, IL about your claim now at (314) 500-HURT or complete online form.

Common Premises Liability Injuries in Chicago, IL

We have gotten great results for our Chicago, IL clients with a wide range of premises liability injuries, including:

• Fractures
• Back, neck and spine injuries
• Concussions and other traumatic brain injuries
• Burns
• Electric shocks
• Ankle, knee and shoulder injuries

What Can a Premises Liability Lawyer in Chicago, IL Do For My Claim?

Premises liability claims are zealously defended against by Chicago, IL insurance companies. They may try to blame you for your injuries, or say that the property owner or manager did not owe you a duty of care. A talented premises liability lawyer in Chicago, IL like those at Burger Law will not let them get away with it. A premises liability lawyer in Chicago, IL can help level the playing field against a powerful insurance company. When you hire us, we will immediately get to work demanding full compensation. As part of our legal services we will:

• Perform a complete investigation into the circumstances surrounding your injuries and ascertain who is liable
• Acquire evidence such as employee and eyewitness testimony, accident reports, pictures, video surveillance and depositions from expert witnesses
• Determine how a property owner or manager failed in their duty of care
• Determine how much your claim is worth, including your medical expenses, wages you lost from time off work recovering, lost earning potential, pain and suffering and mental anguish, to make sure you get the best compensation possible
• Resist dishonest tricks from the insurance company trying to avoid paying you
• Negotiate a settlement with the insurance company
• Keep you up-to-date on the status of your case
• Take the case in front of a judge and jury if the insurance company will not be fair in negotiations

We have earned both our distinguished reputation and our clients’ compensation through tenacity extraordinary ethics and a “never back down” mentality. We start working on your case right away and do not stop until you get the full compensation you deserve.

Resources to Help With Your Premises Liability Case in Chicago, IL

Most people who come to us have never had to deal with making an injury claim before, and are not sure how to proceed, or even how to know which lawyer to hire. Fortunately, we have literally written the book on the essential questions for a personal injury claim, which you can download for free by providing your information below.

We also offer a variety of other free resources on our website.

• Illinois Personal Injury Resources
• How a Lawsuit Works
• Personal Injury Legal Terms
• Legal Podcasts
• Premises Liability Blog

What Are the Most Common Types of Chicago, IL Premises Liability Claims?

At Burger Law, we have gotten great results in a variety of premises liability claims in Chicago, IL, including:

• Slip and falls
• Negligent security
• Claims against restaurants
• Assault and sexual assault
• Elevator and escalator accidents
• Fire and smoke injuries
• Grocery or retail store injuries
• School and daycare accidents
• Claims against bars and restaurant
• Claims against landlords
• Claims against hotels
• Swimming pool accidents
• Amusement park accidents
• Exposure to toxic chemicals or substances
• Dog bites and other animal attacks

If you were injured on someone else’s property because of the owner or manager’s negligence, you need to be compensated, no matter the circumstances. Never believe an insurance adjuster or property owner when they say they do not have to pay you.

Chicago, IL Premises Liability Lawyer: Frequently Asked Questions

How Much Can I Receive in Compensation?

How much your claim is depends on the particulars of your injuries:

• The severity of your injuries and how much they have affected your life
• If your injuries led to permanent disability
• Whether you will need future medical treatment
• Whether or not you are partially to blame for your injuries
• The policyholder’s policy limits, and whether there is more insurance available

Your Chicago, IL premises liability lawyer at Burger Law will not accept anything but full compensation when settling your claim.

What if I Was Partially at Fault for My Injuries?

You can still make a claim for compensation, although the amount will be less. Illinois is what is considered a modified contributory fault state, which means that you will be compensated for the percentage of the accident that is not your fault.

Meaning, if your damages total $100,000 but you share 30 percent of the fault for your accident, you will receive $70,000. It is important to note that 735 ILCS 5/ §2-1116 states that: The plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50 percent of the proximate cause of the injury or damage for which recovery is sought.
Meaning, if you are over 50 percent to blame for the accident, you cannot make a recovery in Chicago, IL. Your Burger Law premises liability lawyer will know how to prove that you are not responsible for the harm someone else caused.

What Is the Statute of Limitations for a Premises Liability Claim in Chicago, IL?

In Illinois, the statute of limitations is shorter than most states at two years, pursuing to 735 ILCS 5/. That means you must file a claim within two years of when the injury occurred. However, there are a couple of noteworthy exceptions:

1. If you were a minor when the injury occurred, you have until your 20th birthday.
2. If you were under a “legal disability” at the time of your injury, you have two years from the date you are no longer under the disability.

After a premises liability injury, there is no time to wait. You only have one opportunity to get a full financial recovery, and the clock is already ticking. Do not wait, call us right away at 312-500-HURT.

What if I Was Injured at a Friend or Family Member’s House?

If you were injured at a friend or family member’s house, you should still seek compensation from their insurance company. While the idea of “suing” someone you love is awkward at best, the truth is you are just insisting that their insurance cover the expenses related to your injuries as they are supposed to. Any close friend or family member should want to see you fairly compensated for your damage.

Can I File a Claim Against the State of Illinois or a Local Municipality in Chicago, IL for Premises Liability?

Generally, the Illinois State Lawsuit Immunity Act prohibits the state from being named the defendant in an injury claim. However, the Illinois Court of Claims Act allows you to make claims for injuries, assuming you could make a claim against a private person in a similar situation. So, the state has the same responsibility to remedy dangerous conditions on public lands, such as sidewalks or parks, as a homeowner or business owner would be.

Instead of a two-year statute of limitation, claims against the state of Illinois must be filed within one year of the injury. There are also special instructions for filing your claim with the State Attorney General and Clerk of the Court of Claims. By hiring a capable premises liability lawyer, you can ensure everything goes smoothly.

In addition to premises liability, other claims we take on in Chicago, IL include:

• Personal injury
• Car accident
• Truck accident
• Motorcycle accident
• Wrongful death

HIRE BURGER LAW

Speak to a Premises Liability Lawyer in Chicago, IL Today

Property owners and their insurance companies will not always be willing to fairly compensate you for the injuries their negligence caused. Burger Law will stand up to them and fight back. We know you did not expect to be injured, but, with Burger Law, you can expect full compensation and the best possible results in your claim. We insist on nothing but the best possible financial recovery, and offer nothing but the highest quality legal advocacy. Call a Burger Law Chicago, IL premises liability attorney today at 312-500-HURT or fill out our online contact form to discuss your case for free.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

View More Reviews on Google Maps and Yelp