Premises Liability Lawyer in Dekalb County, IL

Premises liability lawyer in Dekalb County, IL. If you or someone you love were seriously hurt on someone else’s property, you are owed compensation under the law. Call the Dekalb 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 Dekalb County, IL, learn what the value of your claim may be by filling out our free personal injury calculator.

If you were injured because of a hazardous property condition, get medical care right away. Then, speak to Burger Law. Our attorneys have over 80 years of combined litigation experience holding negligent people in Dekalb County, 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; once you agree to a settlement or get a jury decision, you can never seek compensation for the same injuries again. You are owed full compensation for all of your damages, and we will demand that you get it. To date, we have secured more than $200 million in verdicts and settlements for the injured in a wide variety of personal injury claims. Let us work for your financial recovery so you can focus on healing. Speak to a Burger Law Dekalb County, IL premises liability lawyer today at (314) 500-HURT for a no-risk, no-obligation case review.

Acclaimed Premises Liability Lawyers That Get Results

Choosing the right personal injury lawyer for your claim is crucial. 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 have a good understanding of the abilities of a 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 the Dekalb County, IL legal community include:

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a significant achievement awarded to less than 5 percent of all lawyers in the country
• 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 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. Click on the links below to read about our previous premises liability results:

• $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 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

Elements in an Illinois Premises Liability Case

Pursuant to The Illinois Premises Liability Act, the owner or occupier of a land typically has a duty of reasonable care to protect people legally on their property from unreasonable injuries due to dangerous conditions on the premises, by either repairing the hazard or by warning of its existence. That can mean dangerous conditions that they either explicitly knew about or should have been aware of. If the dangerous condition was “open and obvious,” for instance, a massive hole in the floor, a property owner may not owe you a responsibility to keep you from unreasonable harm.

Examples of a dangerous condition can include:

• Spills that are not mopped up or are not warned against
• Potholes
• Loose railings
• Unsecured flooring
• Unsecured wiring
• Broken stairs
• Broken or malfunctioning 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 insufficient security measures
• Pools without fencing or lifeguards on duty
• Vicious animals
• Poor electrical wiring

If you were not using the property as intended, for example, sliding down a banister or being on a part of the premises that was roped off, the person in control of the property usually does not owe you a duty of care.

To prove a premises liability claim in Dekalb County, IL, you must fulfill the following four factors:

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” 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 see a hazard 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 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 exception is when the dangerous condition 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 ruled 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 waste.

Types of Visitors in Dekalb County, IL Premises Liability Claims

The extent of the duty the property owner or manager owes you depends on what type of visitor you are. Illinois law differentiates between three categories of visitors:

Invitees and Licensees

Invitees are people that enter the property for business purposes, for example diners at a restaurant or people who go to a amusement park. 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 not for business purposes. Common examples include social guests, a utility company performing work on your property, someone you let hunt on your property for free or someone who goes into a store just to ask for directions.

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, 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 possessor did not invite them to the premises, the Illinois Pattern Jury Instructions does not require property owners to protect trespassers, with a few 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 a man-made structure that could seriously injure a trespasser, and the owner knew or had to reason to believe trespassers would be on the property, they do not have to fix the condition, but have a duty to warn against it.
• If the owner is conducting activities, for example yard work, 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 are strictly liable – or automatically liable – if a dangerous condition entices a child onto the property and injures them. Common attractive nuisances include swimming pools, trampolines, ladders or high-voltage power lines. 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 had reason to believe a child may come onto the premises,
  • The nuisance could injure 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 experienced 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 Dekalb County, IL about your injuries today at (314) 500-HURT or fill out our online form.

Common Premises Liability Injuries in Dekalb County, IL

We have gotten great results for our Dekalb County, 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
• Joint injuries

What Can a Premises Liability Lawyer in Dekalb 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 Dekalb County, IL like those at Burger Law will not let that happen. A premises liability lawyer in Dekalb 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:

• Perform a complete investigation into the circumstances surrounding your injuries and ascertain who is liable
• Obtain evidence such as employee and eyewitness testimony, accident reports, pictures, security footage and expert testimony
• Determine how the person in control of the property neglected their duty of care
• Compute how much your claim is worth, including your medical bills, lost wages, lost earning capacity, pain and suffering and emotional distress, to make sure you get the most amount of money possible
• Fight back against dishonest tactics from the insurance company trying to devalue your claim
• Negotiate with the insurance adjuster on your behalf
• Answer any questions you may have at any any point in the process
• Take the case to trial if we cannot get you the fair financial recovery you deserve in negotiations

We have earned both our stellar reputation and our clients’ compensation through hard work extraordinary ethics and a “never back down” mentality. We start working on your case right away and do not give up until you get the full compensation you deserve.

Resources For Your Premises Liability Case in Dekalb County, IL

Most of our clients have never had to seek compensation for an injury before, and are not sure how to go about making their claim, or even how to know which lawyer to hire. Fortunately, we have literally written the book on the essential questions for a personal injury claim, which you can download for free below.

We also provide 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 Dekalb County, IL Premises Liability Claims?

Types of Premises Liability Claims We See Most Frequently in Dekalb County, IL

At Burger Law, we fight for the rights of people seriously injured in a variety of premises liability claims in Dekalb 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 need to be compensated, no matter the circumstances. We will ensure you get it.

Dekalb County, IL Premises Liability Lawyer: Frequently Asked Questions

How Much is My Premises Liability Claim Worth?

How much your claim is depends on the specifics of your injuries:

• How serious your injuries are and how much they have affected you financially, physically and mentally
• If your injuries led to permanent disability
• Whether you will need future medical treatment
• Whether or not you contributed to your injuries
• The insurance coverage’s policy limits, and whether there is more insurance available

Your Dekalb County, IL premises liability lawyer at Burger Law will be able to ensure that no money is left on the table when settling your claim.

What if I Was Partially at Fault for My Injuries?

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 can recover 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 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 share more of the blame than the other party, you cannot make a recovery in Dekalb 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 Dekalb County, 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 notable exceptions:

1. If you were under 18 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 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 wait, call us now 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 hurt as a guest in somebody else’s home, you should still seek compensation from their insurance company. While the thought of “suing” a family member or friend is nothing anyone wants to consider, the truth is the reason we have insurance is to protect ourselves and those we love 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 File a Claim Against the State of Illinois or Another Government Entity in Dekalb County, 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 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 property, such as sidewalks or libraries, as any other property owner would be.

Instead of having two years to make a claim, claims against the state of Illinois must be filed within one year of the accident. There are also special 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 Dekalb County, 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 Dekalb County, 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 best possible compensation, and offer nothing but the highest quality legal advocacy. Call a Burger Law Dekalb County, 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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