Premises Liability Lawyer in Crest Hill, IL

If you or someone you love were seriously injured on someone else’s property, you are owed compensation under the law. Call the Crest Hill, IL personal injury lawyers of Burger Law at (314) 500-HURT or contact us online for a free case review.

If you were injured through no fault of your own in Crest Hill, IL, learn how much your injuries may be worth by using our free personal injury calculator.

If you were injured because of a property owner or manager’s negligence, get medical aid as soon as possible. Then call Burger Law. Our firm has over 30 years of litigation experience holding negligent people in Crest Hill, IL accountable. 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 an important one; once you agree to a settlement or get a jury decision, you can never make a claim for the same injuries again. You are owed full compensation for all of your damages, and we will demand that you receive it. Over our 30 years of practice, we have secured over $200 million in verdicts and settlements for our clients in a wide range of personal injury claims. Let us handle the legal battle so you can focus on healing. Speak to a Burger Law Crest Hill, IL premises liability lawyer today at (314) 500-HURT for a no-risk, no-obligation case review.

Premier 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 Crest Hill, IL legal community and knows how to get results. In order to gauge the abilities of an injury law firm, you need to take into account 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 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

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 foreseeable injuries due to dangerous conditions on the property, by either repairing the hazard or by warning of its existence. That can mean dangerous conditions that they either had direct knowledge of or should have known about. If the hazard was “open and obvious,” for example, open flames, a property owner generally does not owe you a responsibility to keep you from unreasonable harm.

Examples of a known hazard can include:

• Wet spots on floors that are not mopped up or are not marked with a warning sign
• Potholes
• Loose railings
• Unsecured flooring
• Unsecured wiring
• Damaged steps
• Faulty doors
• Slippery surfaces due to ice, snow, or water
• Uneven walking surfaces
• Poorly designed or repaired playground equipment
• Poor building craftsmanship
• Insufficient lighting
• Falling debris
• Broken locks or negligent security measures
• Pools without barriers or lifeguards on duty
• Vicious animals
• Poor electrical wiring

If you were not using the property in a reasonable way, for example, sprinting through the property or being on a part of the premises you were not allowed to be on, the property owner or manager usually does not has a responsibility to keep you from harm.

To prove a premises liability claim in Crest Hill, 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 a hazard because you may be distracted by something else on the property, they still need to fix or guard against the hazard. For example, if a grocery store has posters on the wall promoting their sales, and you tripped because you were not looking at the ground, you may still be able to file a claim. The exception does not include distractions that are your fault, for example looking at your phone.
2. The “Deliberate Encounter” ExceptionThe second exception is when the danger may be apparent, but the person on the premises 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 found that the person in charge of a property 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 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 Crest Hill, IL Premises Liability Claims

The extent of the duty the possessor owes you is based on what category of visitor you are. 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 diners at a restaurant or attendees of a amusement park. 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 either for their own benefit or the benefit of neither. Common examples include social guests, a utility company employee working on your property, someone you let hunt on your land at no cost or someone stopping into a store only to use the bathroom.

The duty of care owed to invitees and licensees used to be different in Illinois. 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 consent of the owner or manager. Because the the trespasser is not supposed to be on the property, the Illinois Pattern Jury Instructions does not require property owners to protect trespassers, with some exceptions:

• Once the trespasser’s presence is known or should be known, an owner has a duty not to deliberately harm the trespasser.
• 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 do not have to repair the condition, but do have to warn against it.
• 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 dangerous condition entices a child onto the property and injures them. Examples of an attractive nuisance include swimming pools, playground equipment, 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 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 valid attractive nuisance claim, you must demonstrate:
  • The owner had reason to believe a child may come onto the property,
  • The nuisance could cause harm to a child
  • A child would likely not understand the risks, and
  • The cost of protecting the child from the danger was relatively low

If you are unsure about whether the possessor of the property owed you a duty of care and breached it, your knowledgeable premises liability lawyer with Burger Law will answer any questions you may have for free. Speak to a premises liability lawyer in Crest Hill, IL about your case today at (314) 500-HURT or fill out our online form.

Common Premises Liability Injuries in Crest Hill, IL

We have gotten maximum compensation for our Crest Hill, 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

How Can a Premises Liability Lawyer in Crest Hill, IL Help Me?

Premises liability claims are vigorously defended against by Crest Hill, IL insurance companies. They may try to blame you for your injuries, or say that the property owner or manager did not owe you a duty of care. A talented premises liability lawyer in Crest Hill, IL like those at Burger Law will not let that happen. A premises liability lawyer in Crest Hill, 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 your accident and ascertain who is at fault
• Acquire evidence such as depositions from witnesses and others who know of the dangerous condition, accident reports, pictures, video surveillance and expert testimony
• Identify how the person in control of the property failed in their duty of care
• Quantify the full value of your damages, 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 most amount of money possible
• Fight back against dishonest tactics from the insurance adjuster attempting to minimize your payout
• Negotiate a settlement with the insurance company
• Answer any questions you may have at any time
• Take the case to trial if the insurance company refuses to be fair in negotiations

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

Resources to Help With Your Premises Liability Claim in Crest Hill, 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 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 at no cost below.

We also offer 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 Crest Hill, IL Premises Liability Claims?

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

    At Burger Law, we fight for the rights of people seriously injured in a variety of premises liability claims in Crest Hill, 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.

    
    

    Crest Hill, 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:

    • The severity of your injuries and how much they have affected you financially, physically and mentally
    • If your injuries resulted in long-lasting disability
    • Whether you will need further surgeries or other medical expenses in the future
    • Whether or not you are partially to blame for your injuries
    • The policyholder’s policy limits, and whether there is more coverage available

    Your Crest Hill, IL premises liability lawyer at Burger Law will not accept anything but full compensation when settling your claim.

    Can I Still Receive Compensation if I Was Partially at Fault for My Accident?

    Your premises liability lawyer will still be able to help you get compensation, although the amount will be less. Illinois is 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. 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 share more of the blame than the other party, you will not be able to recover any compensation in Crest Hill, IL. 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 Crest Hill, 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 were under a “legal disability” at the time of your injury, you have two years from the date the disability was “removed.”

    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 delay, call us right away 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 property, you should still file a claim with their insurance company. While the idea of “suing” a family member or friend is nothing anyone wants to consider, the truth is you are merely 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 Sue a Government Entity in Crest Hill, 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 duty to warn against or fix dangerous conditions on public lands, such as sidewalks or parks, as a homeowner or business owner would be.

    Instead of having two years to make a claim, claims against a government entity in Crest Hill, IL must be made within one year of the injury. 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 Crest Hill, 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 Crest Hill, IL Today

    Property owners and their insurance companies often do not want to take responsibility for their negligence. Burger Law fights against bullies like resistant insurance companies and people who do not want to take responsibility for their actions every day. 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 highest financial recovery, and offer nothing but the highest standard of legal advocacy. Speak to a Burger Law Crest Hill, IL premises liability attorney today at 312-500-HURT or fill out our online contact form for a no-obligation, no-risk case review.

    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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    Frequently asked questions

    Answers To Your Most Commonly Asked Questions

    What Must I Prove to Win a Slip and Fall Case?

    What must I prove to win a slip and fall injury case? Slip and fall accid …

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    Who is liable for my slip and fall injuries?

    Slip and fall accidents can occur for a variety of reasons. Depending on …

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    Who is Liable for my Back, Neck, and Spine Injuries?

    Who is Liable for my Back, Neck, and Spine Injuries? Back, neck, and spin …
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