Premises Liability Lawyer in East Peoria, IL

Premises liability lawyer in East Peoria, IL. If you were seriously injured because a property owner or manager did not keep their property safe, you deserve a full financial recovery. Call the East Peoria, IL personal injury lawyers of Burger Law at (618) 500-HURT or fill out our online form to be made whole again.

If you were injured because someone else was negligent in East Peoria, IL, see 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 treatment immediately. Then call Burger Law. Our attorneys have over 80 years of combined litigation experience getting maximum compensation for our clients in East Peoria, IL. You did not deserve 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 an important one; you only have one chance to get a full financial recovery for your accident. You deserve it, and we will not stop fighting until you get it. To date, we have gotten more than $200 million in verdicts and settlements for the injured in a wide variety of personal injury claims. Let us handle the legal battle so you can focus on your physical recovery. Speak to a Burger Law East Peoria, IL premises liability lawyer now at (618) 500-HURT for a no-risk, no-obligation case evaluation.

Acclaimed 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 East Peoria, IL legal community and knows how to get results. 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 numerous awards, honors and accolades Burger Law has received from the East Peoria, IL legal community include:

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy achievement awarded to not more than 5 percent of all attorneys 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 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. Fewer than 4 percent of all practicing attorneys are certified by an American Bar Association 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 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 Is the Illinois Premises Liability Act?

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 protect people legally on their property from foreseeable harm due to 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 known about. If the hazard was “open and obvious,” for instance, sharp edges on machinery or equipment, a property owner generally does not owe you a responsibility to keep you from unreasonable harm.

Examples of a dangerous condition can include:

• Wet spots on floors that are not cleaned up or are not marked with a warning sign
• Potholes
• Loose railings
• Unsecured flooring
• Unsecured cables
• Damaged 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
• Aggressive animals
• Poor electrical wiring

If you were misusing the property, for example, sprinting through the property or being on a part of the premises you were not allowed to be on, the person in control of the premises usually does not owe you a duty of care.

To prove a premises liability claim in East Peoria, 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 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 ruled that the state would apply a “distraction exception.” If an owner thinks you may not appreciate a hazard because another aspect of the premises may be distracting, they still need to fix or guard against the hazard. 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 danger 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 hazardous material near a dumpster. The danger was easy to see, but as it was the man’s job to empty the dumpster, the owner should have expected that the man would encounter the material.

Types of Visitors in East Peoria, IL Premises Liability Claims

How much responsibility the possessor owes you depends on why you were on the property. Illinois law differentiates between three types of visitors:

Invitees and Licensees

Invitees are people that are on the premises 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 that is on the property with the permission of the possessor, 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 property at no cost or someone stopping into a store only 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, that distinction has been abolished. Licensees are owed the same duty of care as invitees.

Trespassers

A trespasser is someone who enters a property without permission or an invitation. 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 a few exceptions:

• Once the trespasser’s presence is known or should be known, an owner has a duty not to purposefully injure 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 had to reason to believe trespassers would be on the property, they do not have to repair the condition, but do have to warn against it.
• 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 concept 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, trampolines, 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 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 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 not be expected to 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 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 East Peoria, IL about your case today at (618) 500-HURT or fill in online form.

Common Premises Liability Injuries in East Peoria, IL

We have gotten maximum compensation for our East Peoria, IL clients with a wide range 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
• Ankle, knee and shoulder injuries

What Can a Premises Liability Lawyer in East Peoria, IL Do For My Claim?

Premises liability claims are strongly defended against by East Peoria, 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 East Peoria, IL like those at Burger Law will not let them get away with avoiding their obligation to compensate you. A premises liability lawyer in East Peoria, 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 ascertain who is at fault
• 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 a property owner or manager failed in their duty of care
• Compute the full value of your damages, including your medical bills, lost wages, lost earning capacity, pain and suffering and mental anguish, to make sure you get the most amount of money possible
• Fight back against dishonest tactics from the insurance adjuster attempting to minimize your compensation
• Negotiate with the insurance adjuster on your behalf
• Keep you up-to-date on the status of your case
• Take the fight in front of a judge and jury if the insurance company will not be fair in negotiations

We have earned both our distinguished reputation and our clients’ compensation through tenacity extraordinary ethics and a “never back down” mentality. We do not stop fighting until you have your settlement check or jury verdict in hand.

Resources to Help With Your Premises Liability Case in East Peoria, IL

Most people who come to us have never had to deal with making an injury claim before, and are not sure how to proceed, or even how to the right attorney for their case. 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 numerous 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 East Peoria, IL Premises Liability Claims?

Types of Premises Liability Claims We See Most Frequently in East Peoria, IL

At Burger Law, we have had success in a wide range of premises liability claims in East Peoria, IL, including:

• Slip and falls
• Negligent 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. Never believe an insurance adjuster or property owner when they say they do not have to pay you.

East Peoria, 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 accident:

• How serious your injuries are and how much they have affected your life
• If your injuries led to permanent consequences
• 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 East Peoria, 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 to Blame for My Injuries?

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 portion of the blame you do not share.

Meaning, if your damages total $100,000 but you share 30 percent of the fault for your injury, 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 East Peoria, 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 East Peoria, 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 notable exceptions:

1. If you were under 18 when the injury occurred, you have until your 20th birthday.
2. If you had a “legal disability” at the time of your injury, you have two years from the date the disability was “removed.”

Following an injury that happened because of somebody else’s negligence, there is no time to wait. You only have one opportunity to get a full financial recovery, and the clock is already ticking. Do not delay, 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 injured at a friend or family member’s house, you should still file a claim with their insurance company. While the notion of “suing” a family member or friend is nothing anyone wants to consider, in reality you are merely insisting that their insurance cover the expenses related to your injuries as they are supposed to. 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 East Peoria, 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 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 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 made within one year of the accident. There are also unique instructions for filing your claim with the State Attorney General and Clerk of the Court of Claims. By hiring a capable premises liability lawyer, you can ensure your claim is filed correctly.

In addition to premises liability, other claims we take on in East Peoria, 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 East Peoria, IL Today

Property owners and their insurance companies often do not want to pay 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 compensation, and offer nothing but the highest quality legal advocacy. Speak to a Burger Law East Peoria, IL premises liability attorney today at 312-500-HURT or fill out our online contact form for a no-obligation, no-risk 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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