Premises Liability Lawyer in Bolingbrook, IL

If you or someone you love were seriously hurt because a property owner or manager did not protect you from unreasonable hazards, you deserve a full financial recovery. Call the Champaign County, IL personal injury lawyers of Burger Law at (314) 500-HURT or fill out our online form to be made whole again. If you were injured through no fault of your own in Champaign County, IL, learn what the value of your injuries may be by using our free personal injury calculator.

If you were injured by a property owner’s negligence, seek medical aid as soon as possible. Then, speak to Burger Law. Our attorneys have over 80 years of combined litigation experience holding negligent people in Bolingbrook, IL responsible for their actions. You did nothing to deserve being 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 opportunity to get the best possible compensation for your accident. You deserve it, and we will insist that 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 claims. Let us work for your financial recovery so you can focus on healing. Speak to a Burger Law Bolingbrook, IL premises liability lawyer immediately at (314) 500-HURT for a free consultation.

Recognized Leaders in Premises Liability Claims

It can be hard to know how to choose the best personal injury lawyer for you. 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 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 notable achievement awarded to not more than 5 percent of all lawyers 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 honor that is made up 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. Less than 4 percent of all practicing lawyers are certified by an ABA accredited certification board.

A premises liability lawyer can say just about anything, but having a demonstrated track record of success is another matter entirely. Some of our recent premises liability case victories are:

• $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 On the Eve of 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

Understanding Illinois Premises Liability Laws

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 keep visitors from foreseeable harm because of dangerous conditions on the premises, by either fixing the hazard or by warning of its existence. That can mean hazards that they either explicitly knew about or should have known about. If the hazard was “open and obvious,” for example, a massive hole in the floor, you may not be able to make a claim.

Examples of a known hazard are:

• Wet spots on floors that are not cleaned up or are not warned against
• Potholes
• 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
• Insufficient lighting
• Falling debris
• Broken locks or negligent security measures
• Pools without fencing or lifeguards on duty
• Vicious 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 property you were not allowed to be on, the person in control of the property generally does not owe you a duty of care.

To prove a premises liability claim in Bolingbrook, IL, 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 adopted a “distraction exception.” If an owner should predict that you may not see the danger 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 grocery store has posters on the wall with information on their current discounts, and you fell over an “obvious” condition because you were looking at them, you may still be able to receive compensation. The exception does not apply distractions that are your fault, such as looking at your phone.
2. The “Deliberate Encounter” ExceptionThe second exception 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 found that a property owner owed a duty of care to a man who slipped on hazardous surfaces near a dumpster. The condition was known to the injured man, but because the man had to empty the dumpster as part of his employment, the owner should have expected that the man would encounter the material.

Types of Visitors in Bolingbrook, IL Premises Liability Claims

How much responsibility the property owner or manager owes you is based on why you were on the premises. In Illinois, there are three categories of visitors:

Invitees and Licensees

Invitees are people that enter the property for the property owners’s financial benefit, for example customers in a store or attendees of a movie theater. People on public land, such as libraries or parks, are also considered invitees.

A licensee is someone who is allowed to be on the premises, but either for their own benefit or the benefit of neither. Common examples include friends over a party, a utility company employee working on your property, someone you allow to hunt on your land at no cost or someone who goes 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 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 without consent of the owner or manager. Because the the trespasser is not supposed to be on the premises, the Illinois Pattern Jury Instructions states that owners owe no duty to a trespasser, with some exceptions:

• If a property owner knows or should know that a trespasser is on the premises, they cannot 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 had 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 yard work, and knows there is a trespasser who could become injured by the activity, 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 are 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, playground equipment, abandoned wells or power tools. 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, the child and their family would have a general negligence claim. To have a successful attractive nuisance claim, you must show that:
  • The owner could reasonably expect a child may come onto the premises,
  • The nuisance could cause harm to 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 unsure what your visitor status was at the time of the accident, 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 a premises liability lawyer in Bolingbrook, IL about your case immediately at (314) 500-HURT or fill in online form.

Common Premises Liability Injuries in Bolingbrook, IL

We have gotten great results for our Bolingbrook, 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 Bolingbrook, IL Do For My Claim?

Premises liability claims are vigorously defended against by Bolingbrook, IL insurance companies. They may say that your injuries are your fault, or say that the possessor did not owe you a duty of care. A knowledgeable premises liability lawyer in Bolingbrook, IL like those at Burger Law will not let them get away with avoiding their obligation to compensate you. A premises liability lawyer in Bolingbrook, 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:

• Conduct a complete investigation into the circumstances surrounding your injuries and ascertain who is at fault
• Obtain evidence such as employee and eyewitness testimony, accident reports, photographs, security footage and depositions from expert witnesses
• Determine how the person in control of the property failed in their duty of care
• Determine how much your claim is worth, including your medical bills, wages you lost from time off work recovering, lost earning potential, pain and suffering and emotional distress, to make sure you get the most amount of money possible
• Fight back against dishonest tricks from the insurance adjuster trying to avoid paying you
• Negotiate with the insurance adjuster on your behalf
• Keep you up-to-date on the status of your case
• Take the case 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’ great recoveries through tenacity extraordinary ethics and a “never back down” frame of mind. We start working on your case right away and do not give up until you are paid.

Resources For Your Premises Liability Claim in Bolingbrook, IL

Most people who come to us have never had to deal with making an injury claim before, and do not know how to proceed, or even how to know which lawyer to hire. Fortunately, our firm has literally written the book on the essential questions for a personal injury claim, which you can download at no cost below.

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

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

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

Types of Premises Liability Claims We See Most Often in Bolingbrook, IL

At Burger Law, we have gotten great results in a variety of premises liability claims in Bolingbrook, 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 sustained a premises liability injury, you deserve to be compensated, no matter where or how your injuries occurred. We will ensure you get it.

Bolingbrook, IL Premises Liability Lawyer: Frequently Asked Questions

How Much is My Premises Liability Claim Worth?

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

• 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 coverage available

Your Bolingbrook, 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.

Can I Still Receive Compensation if I Was Partially to Blame for My Accident?

You can still make a claim for compensation, although the amount will be less. Illinois is a modified contributory fault state, which means that you can recover 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 more than 50 percent to blame for the accident, you cannot make a recovery in Bolingbrook, 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 Bolingbrook, IL?

In Illinois, the statute of limitations is shorter than most states at two years, according 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 two years to file a claim after your 18th 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 chance to get a full financial recovery, and the clock is already ticking. 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 hurt at a friend or family member’s property, you should still file a claim with their insurance company. While the idea of “suing” someone you love is awkward at best, in reality you are merely insisting that their insurance cover the expenses related to your injuries as part of their contract with the homeowner. 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 Another Government Entity in Bolingbrook, 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 lands, such as roads or parks, as any other property owner would be.

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

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

• Survival Action Lawyer in Illinois
• Truck Crash Lawyers in Illinois
• Wrongful Death Lawyers in Illinois
• Semi-Truck Accident Lawyer in Illinois
• Car Accident Attorney in Illinois

HIRE BURGER LAW

Speak to a Premises Liability Lawyer in Bolingbrook, IL Today

Property owners and their insurance companies often do not want to pay 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 demand nothing but the highest compensation, and offer nothing but the highest standard of legal advocacy. Call a Burger Law Bolingbrook, IL premises liability attorney today at 312-500-HURT or fill out our online contact form for a free consultation.

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!

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