Premises Liability Lawyer in Champaign County, IL

Premises Liability Lawyer in Champaign County, 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 because of a dangerous property condition, seek medical care as soon as possible. Then call Burger Law. Our firm has over 30 years of litigation experience getting maximum compensation for our clients in Champaign County, IL. 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 get it. Over our 30 years of practice, we have gotten more than $200 million in compensation for our clients in a wide variety of personal injury cases. Let us handle the legal battle so you can focus on your physical recovery. Call a Burger Law Champaign County, IL premises liability lawyer today at (314) 500-HURT for a no-risk, no-obligation case review.

Award-Winning Premises Liability Lawyers That Get Results

Choosing the right personal injury lawyer for your claim is crucial. 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 gauge the abilities of an injury law firm, you need to look at the cases they have won, 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 significant 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 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 attorneys are certified by an ABA accredited certification board.

Any premises liability lawyer can say they know how to handle your case, but proving they are qualified is another matter entirely. Some of our recent premises liability case victories include:

• $1.435 Million Settlement After Extensive Litigation 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 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 Case

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 people legally on their property from unreasonable harm because of dangerous conditions on the premises, by either repairing the dangerous condition or by notifying guests that its there. This includes hazards that they either had direct knowledge of or should have discovered through reasonable diligence. If the hazard was “open and obvious,” for instance, open flames, you may not be able to make a claim.

Examples of a dangerous condition can include:

• Spills that are not mopped up or are not warned against
• Broken pavement
• Loose railings
• Unsecured flooring
• Unsecured cables
• Damaged steps
• Broken or malfunctioning doors
• Snow or black ice
• Uneven walking surfaces
• Poorly designed or repaired 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 premises that was cordoned off, the person in control of the property generally does not owe you a duty of care.

To prove a premises liability claim in Champaign County, IL, you must prove 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 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 with information on their current discounts, and you tripped because you were not looking at the ground, the distraction exception may apply. 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 hazard may be apparent, 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 worker 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 anticipated that the man would encounter the material.

Types of Visitors in Champaign County, IL Premises Liability Claims

The extent of the duty the property owner or manager owes you is based on what type of visitor you are. In Illinois, there are three categories of visitors:

Invitees and Licensees

Invitees are people that enter the property for business purposes, for example customers in a store 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 property with the permission of the possessor, but not for the express financial benefit of the possessor. Common examples include social guests, a utility technicians working on your property, someone you let hunt on your land at no cost or someone stopping into a restaurant 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 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 property without permission or an invitation. Because the possessor did not invite them to 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 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 construction, and knows that activity could harm a trespasser, they have a duty to try to avoid injuring the trespasser.
• According to the common law principle 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 deemed that strict liability does not apply to attractive nuisance cases. Instead, the child and their family would have a general negligence claim. To make a premises liability claim for a child under attractive nuisance, you must show that:
  • The owner could reasonably expect a child may come onto the property,
  • The nuisance could injure a child
  • A child would likely not understand the danger, and
  • The cost of remedying the danger or restricting access was relatively low

If you do not know what type of visitor you were when you were injured, your experienced premises liability lawyer at Burger Law will answer any questions you may have for free. Speak to a premises liability lawyer in Champaign County, IL about your case now at (314) 500-HURT or complete online form.

Common Premises Liability Injuries in Champaign County, IL

We have gotten maximum compensation for our Champaign County, IL clients with a variety of injuries sustained on someone else’s property, including:

• Broken bones
• Back, neck and spine injuries
• Concussions and other traumatic brain injuries
• Burns
• Electric shocks
• Joint injuries

What Can a Premises Liability Lawyer in Champaign County, 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 knowledgeable premises liability lawyer in Champaign County, IL like those at Burger Law will not let them get away with it. A premises liability lawyer in Champaign County, 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 depositions from witnesses and others who know of the dangerous condition, 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 the full value of your damages, including your medical bills, wages you lost from time off work recovering, lost earning capacity, 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 attempting 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 the insurance company refuses to be fair in negotiations

We have earned both our stellar 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 to Help With Your Premises Liability Case in Champaign County, 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, our firm has literally written the book on the essential questions for a personal injury claim, which you can download for free below.

We also offer a variety of 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 Champaign County, IL Premises Liability Claims?

At Burger Law, we have had success in a variety of premises liability claims in Champaign County, 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 the circumstances. We will ensure you get it.

Champaign County, 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 extent of your injuries and how much they have affected you financially, physically and mentally
• If your injuries led to long-lasting 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 insurance coverage’s policy limits, and whether there is more coverage available

Your Champaign County, 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?

Your premises liability lawyer will still be able to help you get 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 will be compensated for the percentage of the accident that is not your fault.

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 more than 50 percent to blame for the accident, you cannot make a recovery in Champaign County, 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 Champaign County, 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 two notable exceptions:

1. If you were under 18 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.

Following an injury that happened because of somebody else’s negligence, there is no time to wait. You only have one chance to receive full compensation, and the clock is already ticking. Do not delay, call us as soon as possible 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 at a friend or family member’s home, you should still file a claim with their insurance company. While the thought of “suing” a family member or friend is awkward at best, the truth is the reason we pay into insurance is to protect ourselves and those we love in the unfortunate event of an injury. 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 Champaign County, 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 property, such as sidewalks or libraries, as a homeowner or business owner would be.

Instead of a two-year statute of limitation, claims against a government entity in Champaign County, IL must be made within one year of the accident. There are also unique rules for filing your claim with the State Attorney General and Clerk of the Court of Claims. By contacting a capable premises liability lawyer, you can ensure everything goes smoothly.

In addition to premises liability, other claims we take on in Champaign County, 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 Champaign County, IL Today

Property owners and their insurance companies often do not want to pay for their negligence. 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 demand nothing but the best possible financial recovery, and offer nothing but the highest standard of legal advocacy. Speak to a Burger Law Champaign County, 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!

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