Premises Liability Lawyer in Elk Grove Village, IL

Premises Liability Lawyer in Elk Grove Village, IL

If you or someone you love were seriously hurt because a property owner or manager was negligent, you deserve a full financial recovery. Call the Elk Grove Village, IL personal injury lawyers of Burger Law at (314) 500-HURT or contact us online for justice and maximum compensation.

If you were injured because someone else was negligent in Elk Grove Village, IL, discover what the value of your claim may be by using our free personal injury calculator.

If you were injured because of a hazardous property condition, seek medical aid immediately. Then call Burger Law. Our attorneys have over 80 years of combined litigation experience getting maximum compensation for our clients in Elk Grove Village, IL. 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 seek compensation for the same injuries again. You are owed full compensation for all of your damages, and we will insist that you receive it. Over our 30 years of practice, we have gotten over $200 million in compensation 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 Elk Grove Village, IL premises liability lawyer today at (314) 500-HURT for a free consultation.

Recognized Leaders in Premises Liability Claims

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 gauge the abilities of an injury law firm, you need to take into account their previous victories, and their reputation among their clients and peers. The numerous awards, honors and accolades Burger Law has received from our peers include:

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy achievement awarded to less than 5 percent of all attorneys in the U.S.
• 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 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. Fewer than 4 percent of all practicing lawyers are certified by an American Bar Association accredited certification board.

Any premises liability lawyer can say they’ll fight for you, but having a proven track record of success is another matter entirely. Click on the links below to read about our previous premises liability results:

• $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 Is the Illinois Premises Liability Act?

Under 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 visitors from foreseeable injuries 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, sharp edges on machinery or equipment, 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 cables
• Damaged 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
• Insufficient lighting
• Falling debris
• Broken locks or negligent security measures
• Pools without barriers 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 property that was roped off, the person in control of the premises usually does not owe you a duty of care.

To prove a premises liability claim in Elk Grove Village, IL, you must demonstrate the following four elements:

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 appreciate 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 retail store has signs on the wall with information on their current discounts, and you tripped because you were not looking at the ground, you may still be able to make a recovery. The exception does not include self-created distractions, for example looking at your phone.
2. The “Deliberate Encounter” ExceptionThe second exception is when the hazard 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 worker who slipped on hazardous surfaces near a dumpster. The hazard was obvious, 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 Elk Grove Village, IL Premises Liability Claims

How much responsibility the property owner or manager owes you is based 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 business purposes, for example patrons at a bar or people who go to 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 consent of the owner or manager, but either for their own benefit or the benefit of neither. Common examples include social guests, a utility company employee performing work on your property, someone you allow to hunt on your land for free or someone who goes into a restaurant only to use the bathroom.

Illinois law used to distinguish between invitees and licensees — and many states still do. 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 possessor did not invite them to the property, the Illinois Pattern Jury Instructions states that owners owe no duty to a trespasser, 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 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 repair the condition, but have a duty to warn against it.
• If the owner is conducting activities, for example construction, and knows there is a trespasser who could become injured by the activity, they have a duty to try to avoid injuring the trespasser.
• Under the common law theory 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. Examples of an attractive nuisance include swimming pools, playground equipment, dangerous or unsecured animals 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, 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 show that:
  • The owner could reasonably expect 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 risks, and
  • The cost of protecting the child from the danger was relatively low

If you do not know what type of visitor you were when you were injured, 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 Elk Grove Village, IL about your injuries now at (314) 500-HURT or complete online form.

Common Premises Liability Injuries in Elk Grove Village, IL

We have gotten maximum compensation for our Elk Grove Village, 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 Elk Grove Village, IL Do For My Claim?

Premises liability claims are zealously defended against by Elk Grove Village, IL insurance companies. They may say that your injuries are your fault, or say that the possessor did not owe you a duty of care. A talented premises liability lawyer in Elk Grove Village, IL like those at Burger Law will not let that happen. A premises liability lawyer in Elk Grove Village, 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 determine who is liable
• Gather evidence such as depositions from witnesses and others who know of the dangerous condition, accident reports, pictures, security footage and expert testimony
• Identify how the person in control of the property neglected their duty of care
• Determine how much your claim is worth, including your medical bills, wages you lost from time off work recovering, lost earning potential, pain and suffering and emotional distress, to ensure you get the most amount of money possible
• Fight back against dishonest tactics from the insurance company attempting to avoid paying you
• Negotiate with the insurance adjuster on your behalf
• Answer any questions you may have at any time
• Take the case in front of a judge and jury if we cannot get you the fair financial recovery you are owed in negotiations

We have earned both our exceptional reputation and our clients’ great recoveries through tenacity extraordinary ethics 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 Case in Elk Grove Village, IL

Most of our clients have never had to deal with making an injury claim before, and do not know how to proceed, 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 by providing your information below.

We also provide numerous other free resources on our website.

• Illinois Personal Injury Resources
• How a Lawsuit Works
• Legal Terms Glossary
• Legal Podcasts
• Premises Liability Blog

Types of Premises Liability Claims We See Most Frequently in Elk Grove Village, IL

At Burger Law, we have gotten great results in a wide range of premises liability claims in Elk Grove Village, 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 deserve a full financial recovery, no matter the circumstances. Never believe an insurance adjuster or property owner when they say they do not have to pay you.

Elk Grove Village, IL Premises Liability Lawyer: Frequently Asked Questions

How Much Can I Receive in Compensation?

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

• 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 future medical treatment
• Whether or not you contributed to your injuries
• The insurance coverage’s policy limits, and whether there is more coverage available

Your Elk Grove Village, 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 at Fault for My Injuries?

You can still make a claim for compensation, although the amount will be less. 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 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.
Meaning, if you share more of the blame than the other party, you cannot make a recovery in Elk Grove Village, 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 Elk Grove Village, IL?

In Illinois, the statute of limitations is relatively short at two years for most personal injury claims, 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 at the time of the injury, you have until your 20th birthday.
2. If you had 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 countdown has already started. Do not delay, call us today at 312-500-HURT.

What if I Was Injured 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 insurance company. While the thought of “suing” someone you love is awkward at best, in reality you are just 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 File a Claim Against a Government Entity in Elk Grove Village, 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 responsibility to remedy dangerous conditions on public lands, such as sidewalks or libraries, as a homeowner or business owner would be.

Instead of a two-year statute of limitation, claims against 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 Elk Grove Village, 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 Elk Grove Village, IL Today

Property owners and their insurance companies often do not want to take responsibility 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 insist on nothing but the best possible financial recovery, and offer nothing but the highest quality legal advocacy. Call a Burger Law Elk Grove Village, IL premises liability attorney today at 312-500-HURT or fill out our online contact form for a free 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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