Premises Liability Lawyer in Illinois

What Are Illinois' Premises Liability Laws?

Under The Illinois Premises Liability Act, "possessors" of a property, meaning whoever owns it or controls it, generally have a duty of reasonable care to protect visitors from foreseeable injuries due to dangerous conditions on their property, by either fixing 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 dangerous condition was "open and obvious," for example, a massive hole in the floor, a property owner generally does not owe you a duty of care.

Examples of a dangerous condition or known hazard can include:

• Spills that are not cleaned up or are not marked with a warning sign
• Potholes and broken pavement
• Loose railings
• Unsecured flooring
• Unsecured extension cords
• Damaged steps
• Faulty doors
• Slippery surfaces due to ice, snow, or water
• Uneven walking surfaces
• Poorly designed or maintained playground equipment
• Bad building craftsmanship
• Poor lighting
• Falling debris
• Broken locks or insufficient security measures
• Pools without fencing or lifeguards on duty
• Unrestrained animals
• Poor electrical wiring

If you were misusing the property, for example, sliding down a banister or being on a part of the property you were not allowed to be on, the property owner or manager generally does not owe you a duty of care.

To prove a premises liability claim in 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

Two Exceptions to "Open and Obvious" in Illinois Premises Liability Laws

There are two exceptions to the "open and obvious" doctrine:

1. The "Distraction" Exception

   In Ward v. K Mart Corp (185 Ill. App. 3d 153 (Ill. App. Ct. 1989)), the Illinois Supreme Court adopted a "distraction exception." If an owner thinks you may not appreciate 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 grocery store has signs on the wall promoting their sales, and you fell over an "obvious" condition because you were looking at the sign, you may still be able to receive compensation. The exception does not include self-created distractions, such as looking at your phone.

2. The "Deliberate Encounter" Exception

   The second exception is when the danger may be open and obvious, 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 a property owner owed a duty of care to a man who slipped on slippery material near a dumpster. The condition 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.

If the hazard that injured you was open and obvious, but one of the above exceptions applies, you can still make an injury claim. Speak to a premises liability lawyer as soon as possible if you think one of the exceptions apples to your injuries.

Types of Visitors in Illinois Premises Liability Claims

The extent of the duty the possessor owes you depends on what type of visitor you are. In general, there are three types of visitors:

Invitees and Licensees

Invitees are people that are on the premises for business purposes, for example customers in a store or attendees of a sporting event, amusement park or movie theater. In short, invitees are there for the property owner's benefit. An invitee can also be someone on property open to the public.

A licensee is someone who is allowed to be on the premises, but not for the express financial benefit of the possessor. Common examples include social guests, a utility technician working on your property, someone you allow to hunt on your land for free or someone stopping into a restaurant just to use the bathroom.

Illinois law used to distinguish between invitees and licensees — and many states still do. However, since the current Illinois Premises Liability Act when into effect 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 possessor did not invite them to the property, the Illinois Pattern Jury Instructions states that owners owe no duty to a trespasser, with some 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 knows there was an artificial structure that could cause serious bodily injury or death, and the owner knows or has to reason to believe trespassers would be on the property, 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 concept of attractive nuisance, in some states, property owners can be held strictly liable – or automatically liable – if a dangerous condition entices a child onto the property and injures them. Examples of an attractive nuisance include swimming pools, trampolines, ladders or power tools. 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, owners could be held liable based on standard negligence and the relative cost of fixing the issue. To make a premises liability claim for a child under attractive nuisance, you must show that:
  • The owner had reason to believe a child may come onto the property,
  • The nuisance could cause harm to a child
  • A child would not be expected to understand the risks, and
  • The cost of remedying the danger or restricting access was relatively low

If you are unsure what your visitor status was at the time of the accident or are unclear about whether the possessor of the property met their duty of care to you or if they were negligent, your knowledgeable 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 an Illinois premises liability attorney about your case today at 312-500-HURT or fill out our online form.

Common Premises Liability Injuries in Illinois

We have gotten maximum compensation for our Illinois clients with a variety of premises liability injuries, including:

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

How Can an Illinois Premises Liability Lawyer Help Me?

Premises liability claims are vigorously defended against by Illinois insurance companies. They may try to blame you for your injuries, or say that the possessor did not owe you a duty of care. An experienced premises liability lawyer in Illinois like those will not let them get away with avoiding their obligation to compensate you. An Illinois premises liability lawyer 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 your accident and determine who is at fault
• Obtain evidence such as employee and eyewitness testimony, accident reports, photographs, video surveillance and expert testimony
• Identify how a property owner or manager did not take reasonable steps to ensure their property was safe
• Take depositions of employees, eyewitnesses and other people whose testimony may aid in your claim
• Calculate the full extent of your damages, including your medical bills, lost wages, lost earning capacity, pain and suffering and emotional distress, to ensure you get the best compensation possible
• Fight back against dishonest tactics from the insurance company trying to devalue your claim
• Negotiate a settlement with the insurance company
• Keep you up-to-date on the status of your case and answer any questions you may have
• Take the fight to trial if we cannot get you the full compensation you deserve in negotiations

We have earned both our stellar reputation and our clients' great recoveries through hard work, diligence, extraordinary ethics and a "never back down" mentality. We do not stop fighting until there is nothing left to fight.