Premises Liability Lawyer in Bourbonnais, IL

Premises liability lawyer in Bourbonnais, IL. If you or someone you love were seriously injured on someone else’s property, you deserve a full financial recovery. Call the Bourbonnais, IL personal injury lawyers of Burger Law at (314) 500-HURT or fill out our online form for justice and maximum compensation.

If you were injured because a property owner did not keep their property safe in Bourbonnais, 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 or manager’s negligence, seek medical attention right away. Then call Burger Law. Our attorneys have over 80 years of combined litigation experience holding negligent people in Bourbonnais, 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 a big one; you only have one opportunity to get a full financial recovery for your injuries. You deserve it, and we will not stop fighting until you receive it. Over our 30 years of practice, we have gotten over $200 million in verdicts and settlements for the injured in a wide range of personal injury claims. Let us work for your financial recovery so you can focus on your physical recovery. Call a Burger Law Bourbonnais, IL premises liability lawyer today at (314) 500-HURT for a no-risk, no-obligation case evaluation.

Acclaimed Premises Liability Lawyers That Get Results

It can be hard to know how to choose the best personal injury lawyer for you. You want someone with a history of winning similar cases and who you know is not afraid to take the case to trial if they have to. In order to have a good understanding of the abilities of a law firm, you need to look at the cases they have won, and their reputation among their clients and peers. The many awards, honors and accolades Burger Law has received from the Bourbonnais, IL legal community include:

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a remarkable achievement awarded to not more than 5 percent of all attorneys 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 made up 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. 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 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

What Are Illinois’ Premises Liability Laws?

Under The Illinois Premises Liability Act, the owner or occupier of a property typically has a duty of reasonable care to keep people legally on their property from unreasonable harm due to dangerous conditions on the premises, by either fixing the dangerous condition or by warning of its existence. This includes hazards 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, 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 marked with a warning sign
• Potholes
• Loose railings
• Unsecured flooring
• Unsecured wiring
• Broken steps
• Broken or malfunctioning 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 barriers or lifeguards on duty
• Vicious animals
• Poor electrical wiring

If you were misusing the property, for example, “goofing off” or being on a part of the property you were not allowed to be on, the person in control of the premises typically does not has a responsibility to keep you from harm.

To prove a premises liability claim in Bourbonnais, IL, you must demonstrate 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 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 adopted a “distraction exception.” If an owner should predict that 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 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, for example 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 found that the person in charge of a property owed a duty of care to a man who fell because of slippery material near a dumpster. The hazard 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 Bourbonnais, IL Premises Liability Claims

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

Invitees and Licensees

Invitees are people that enter the property for business purposes, for example patrons at a bar 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 permission of the owner or manager, but not for the express financial benefit of the possessor. Common examples include social guests, a utility company employee performing work on your property, someone you let hunt on your land at no cost or someone stopping into a store just 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 when into effect 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 protect trespassers, with some exceptions:

• If a property owner knows or should know that a trespasser is on the premises, they cannot purposefully harm the trespasser.
• If an owner knew there was a man-made 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 landscaping, and knows that activity could harm a trespasser, 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 child comes onto the property because of a dangerous condition that might be attractive to a child and the child is hurt. Common attractive nuisances include swimming pools, trampolines, dangerous or unsecured animals 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 have a valid attractive nuisance claim, you must demonstrate:
  • The owner had reason to believe a child may come onto the property,
  • The nuisance could lead to the death or injury of a child
  • A child would not be expected to 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 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. Talk to a premises liability lawyer in Bourbonnais, IL about your injuries today at (314) 500-HURT or fill in online form.

Common Premises Liability Injuries in Bourbonnais, IL

We have gotten maximum compensation for our Bourbonnais, IL clients with a variety 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 Bourbonnais, 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. An experienced premises liability lawyer in Bourbonnais, IL like those at Burger Law will not let that happen. A premises liability lawyer in Bourbonnais, 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 at fault
• Acquire evidence such as employee and eyewitness testimony, accident reports, photographs, video surveillance and depositions from expert witnesses
• Identify how the person in control of the property did not take reasonable steps to ensure their property was safe
• Compute how much your claim is worth, including your medical expenses, wages you lost from time off work recovering, lost earning capacity, pain and suffering and emotional distress, to ensure you get the best compensation possible
• Resist dishonest tactics from the insurance adjuster trying to avoid paying you
• Negotiate with the insurance adjuster on your behalf
• Answer any questions you may have at any any point in the process
• Take the case in front of a judge and jury if we cannot get you the fair financial recovery you deserve in negotiations

We have earned both our distinguished reputation and our clients’ great recoveries through hard work diligence and a “never back down” mentality. We do not stop fighting until you have your settlement check or jury verdict in hand.

Resources For Your Premises Liability Claim in Bourbonnais, 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 know which lawyer to hire. 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 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 Bourbonnais, IL Premises Liability Claims?

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

At Burger Law, we have gotten great results in a wide range of premises liability claims in Bourbonnais, 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 deserve a full financial recovery, no matter the circumstances. We will ensure you get it.

Bourbonnais, IL Premises Liability Lawyer: Frequently Asked Questions

How Much is My Premises Liability Claim Worth?

How much your injuries are worth depends on the particulars of your accident:

• How serious your injuries are and how much they have affected you financially, physically and mentally
• If your injuries resulted in long-lasting consequences
• 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 Bourbonnais, IL premises liability lawyer at Burger Law will be able to ensure that no money is left on the table when settling your claim.

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

You can still recover compensation, although it will not be as much as if you shared no blame. Illinois is what is considered a modified contributory fault state, which means that you can recover 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 accident, you will receive $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.

That means that if you share more of the blame than the other party, you cannot make a recovery in Bourbonnais, 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 Bourbonnais, IL?

In Illinois, the statute of limitations is relatively short at two years for most personal injury claims, 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” when the injury occurred, you have two years from the date the disability was “removed.”

Following an injury that happened because of somebody else’s negligence, act as soon as you can. You only have one chance to receive full compensation, and the clock is already ticking. Do not delay, call us today at 312-500-HURT.

What if I Was Injured Because of a Dangerous Condition at a Friend or Family Member’s House?

If you were injured as a guest in somebody else’s home, you should still seek compensation from their homeowner’s insurance. While the notion of “suing” someone you love is nothing anyone wants to consider, in reality the reason we have insurance is to keep ourselves and those we love safe in the unfortunate event of an injury. Any close friend or family member should want to see you fairly compensated for your damage.

Can I Sue the State of Illinois or Another Government Entity in Bourbonnais, 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 roads or parks, as any other property owner would be.

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

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

• 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 Bourbonnais, 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. Speak to a Burger Law Bourbonnais, IL premises liability attorney today at 312-500-HURT or fill out our online contact form for a free case evaluation.

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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