Premises Liability Lawyer in Chicago and Illinois

Premises Liability Lawyer in Chicago and Illinois

If you were seriously injured on someone else’s property, you are owed compensation under the law. Call the Chicago-based Illinois personal injury lawyers of Burger Law at 312-500-HURT or contact us online for justice and maximum compensation. If you were injured because a property owner did not keep their property safe in Chicago or anywhere in Illinois, see how much your case may be worth by using our free personal injury calculator.

If you were injured by a property owner’s negligence, get medical treatment immediately. Then call Burger Law. Our attorneys have over 80 years of combined litigation experience getting maximum compensation for our clients throughout Illinois. 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 a big one; you only have one chance to get a full financial recovery for your injuries. You deserve it, and we will not stop fighting until you receive it. To date, we have secured over $200 million in compensation for our clients in a wide range of personal injury cases. Let us handle the legal battle so you can focus on healing. Call a Burger Law Illinois premises liability lawyer today at 312-500-HURT for a free consultation.

Award-Winning Illinois Premises Liability Lawyers That Get Results

To ensure you get full compensation, you need to put your case in the capable hands of a premises liability lawyer who has earned the respect of the Illinois legal community and knows how to get results. The many awards, honors and accolades Burger Law has received from other attorneys include:

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a significant achievement awarded to less than 5 percent of all lawyers in the United States
• 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 honor that is comprised of the most qualified attorneys 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.

When choosing a lawyer, you need to know that they have gotten results in similar cases before. You want to know that you are giving your case to the best possible lawyer, and that they are going to fight hard to make sure you get 100 percent of the recovery and compensation you deserve. A premises liability lawyer can say just about anything, but proving they are qualified 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 Assault 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 Case

Elements in an Illinois Premises Liability Case

Pursuant 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 people legally on their property from foreseeable harm due to dangerous conditions on the property, by either repairing the hazard or by warning of its existence. This includes dangerous conditions that they either explicitly knew about or should have discovered through reasonable diligence. If the hazard was “open and obvious,” for example, open flames, you may not be able to make a claim.

Examples of a dangerous condition can include:

• Wet spots on floors that are not mopped up or are not warned against
• Potholes
• Loose railings
• Unsecured flooring
• Unsecured cables
• Damaged steps
• Faulty doors
• Snow or black ice
• Uneven walking surfaces
• Poorly designed or repaired playground equipment
• Bad building craftsmanship
• Poor lighting
• Falling debris
• Broken locks or negligent security measures
• Pools without fencing or lifeguards on duty
• Aggressive animals
• Poor electrical wiring

If you were not using the property in a reasonable way, for example, sliding down a banister or being on a part of the premises 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, Illinois, you must fulfill four conditions:

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 instances in which “open and obvious” may not apply:

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 thinks you may not notice the danger because you may be distracted by something else on the property, they still owe you a duty of reasonable care. For example, if a retail store has posters on the wall promoting their sales, and you fell over an “obvious” condition because you were looking at them, you may still be able to file a claim. The exception does not apply 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 person on the property has good reason to proceed. In LaFever v. Kemlite Company (185 Ill. 2d 380 (Ill. 1998) 706 N.E.2d 441), the Illinois Supreme Court ruled that a property owner owed a duty of care to a man who fell because of slippery surfaces near a dumpster. The danger was known to the injured man, but as it was the man’s job to empty the dumpster, the owner should have known that it was necessary for him to encounter the waste.

Types of Visitors in Illinois Premises Liability Claims

How much responsibility the possessor owes you depends on what kind of visitor you are. 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 customers in a store or attendees of a movie theater. An invitee can also be someone on property open to the public.

A licensee is someone that is on the property with the permission of the possessor, but either for their own benefit or the benefit of neither. Common examples include friends over for dinner, a utility technicians working on your property, someone you let hunt on your property at no cost or someone stopping into a restaurant only to ask for directions.

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, that distinction has been abolished. Licensees are owed the same duty of care as invitees.

Trespassers

A trespasser is someone who enters a property without permission or an invitation. Because the the trespasser is not supposed to be on the property, the Illinois Pattern Jury Instructions does not require property owners to keep trespassers safe from unreasonable harm, with a few exceptions:

• Once the trespasser’s presence is known or should be known, an owner has a duty not to injure the trespasser willfully or wantonly.
• If an owner knew there was an artificial structure that could cause serious bodily injury or death, 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 construction, and knows there is a trespasser who could become injured by the activity, they have a duty to try to avoid injuring the trespasser.
• Under the common law principle of attractive nuisance, in some states, property owners are strictly liable – or automatically liable – if a dangerous condition entices a child onto the property and injures them. Common attractive nuisances include swimming pools, trampolines, abandoned wells or high-voltage power lines. In Kahn v. James Burton Co. (5 Ill. 2d 614 (Ill. 1955) 126 N.E.2d 836), the Illinois Supreme Court deemed that strict liability does not apply to attractive nuisance cases. Instead, owners could be held liable based on standard negligence and the relative cost of fixing the issue. To have a successful attractive nuisance claim, you must show that:
  • The owner had reason to believe a child may come onto the property,
  • The nuisance could injure a child
  • A child would not be expected to understand the risks, 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 with Burger Law will help you make sense of your situation and get you the best possible legal outcome in your situation. Speak to a premises liability lawyer in Chicago, IL about your case immediately at (314) 500-HURT or complete online form.

Common Premises Liability Injuries in Chicago, Illinois

We have gotten maximum compensation for our Illinois 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?

Insurance companies fight back hard against premises liability claims. They may try to blame you for your injuries, or say that the possessor did not owe you a duty of care. A talented premises liability lawyer in Chicago, IL like those at Burger Law will not let that happen. 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:

• Fully investigate the circumstances surrounding your injuries and determine who is liable
• Gather evidence such as employee and eyewitness testimony, accident reports, photographs, security footage and expert testimony
• Determine how the person in control of the property did not take reasonable steps to ensure their property was safe
• Determine the full extent of your damages, including your medical bills, wages you lost from time off work recovering, lost earning potential, pain and suffering and emotional distress, to ensure you get the best compensation possible
• Resist dishonest tricks from the insurance adjuster attempting to minimize your claim
• Negotiate with the insurance adjuster on your behalf
• Keep you up-to-date on the status of your case
• Take the fight in front of a judge and jury if we cannot get you the fair financial recovery you are owed in negotiations

We have earned both our distinguished reputation and our clients’ compensation through tenacity extraordinary ethics and a “never back down” mentality. We do not stop fighting until there is nothing left to fight.

Resources For Your Premises Liability Claim in Chicago, IL

Most of our clients have never had to seek compensation for an injury before, and are not sure how to proceed, or even how to the right attorney for their case. Fortunately, we have literally written the book on essential questions to ask before picking a lawyer or settling your case, which you can download at no cost by providing your information below.

We also provide numerous other free resources on our website.

• Illinois Personal Injury Resources
• How a Lawsuit Works
• Legal Glossary for Personal Injury Claims
• Legal Podcasts
• Premises Liability Blog

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

At Burger Law, we fight for the rights of people seriously injured in a variety of premises liability claims in Chicago, IL, including:

• Slip and falls
• Inadequate 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 where or how the accident happened. We will ensure you get it.

Chicago, IL Premises Liability Lawyer: Frequently Asked Questions

How Much is My Premises Liability Claim Worth?

The true value of your claim depends on the specifics of your claim:

• How serious your injuries are and how much they have affected your life
• If your injuries resulted in permanent disability
• Whether you will need further surgeries or other medical expenses down the road
• 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 be able to ensure that no money is left on the table when securing your settlement or jury verdict.

What if I Was Partially to Blame for My Accident?

Your premises liability lawyer will still be able to help you get 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 portion of the fault you do not share.

Meaning, if a jury awards you $100,000 in damages, but finds that you share 30 percent of the blame for your injury, you can recover $70,000. Keep in mind 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 Illinois. Your Burger Law premises liability lawyer will know how to prove that you are not responsible for the harm someone else caused.

How Long Do I Have to File 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 under 18 when the injury occurred, you have until your 20th birthday.
2. If you had a “legal disability” when the injury occurred, 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 receive full compensation, and the countdown has already started. Do not hesitate, call us as soon as possible 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 homeowner’s insurance. While the idea of “suing” someone you love is nothing anyone wants to think about, in reality you are just insisting that their insurance cover the expenses related to your injuries as they are supposed to. No good friend or family member would want to see you under financial hardships because of an injury.

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 gives immunity to the state of Illinois. However, the Illinois Court of Claims Act allows you to make a claim against the state for damages that could also be sought against a private entity. So, the state has the same duty to warn against or fix dangerous conditions on public property, such as sidewalks or libraries, as a homeowner or business owner would be.

Instead of having two years to make a claim, claims against the state of Illinois must be made within one year of the accident. There are also unique instructions for filing your claim with the State Attorney General and Clerk of the Court of Claims. By contacting a knowledgeable premises liability lawyer, you can ensure your claim is filed correctly.

HIRE BURGER LAW

Speak to a Premises Liability Lawyer in Chicago, IL Today

Property owners and their insurance companies often do not want to take responsibility for their negligence. Burger Law knows how to 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 compensation, and offer nothing but the highest standard of legal advocacy. Speak to a Burger Law Chicago, IL premises liability attorney today at 312-500-HURT or fill out our online contact form for a no-obligation, no-risk case review.