Premises Liability Lawyer in Elmwood Park, IL

Premises liability lawyer in Elmwood Park, IL. If you were seriously injured because a property owner or manager did not keep their property safe, you are owed compensation under the law. Call the Elmwood Park, IL personal injury lawyers of Burger Law at (618) 500-HURT or contact us online for a free consultation.

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

If you were injured by a property owner’s negligence, get medical care immediately. Then, speak to Burger Law. Our attorneys have over 80 years of combined litigation experience holding negligent people in Elmwood Park, 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; you only have one chance to get the best possible compensation for your injuries. You deserve it, and we will demand that you receive it. To date, we have gotten over $200 million in verdicts and settlements for our clients in a wide range of personal injury cases. Let us work for your financial recovery so you can focus on your physical recovery. Reach out to a Burger Law Elmwood Park, IL premises liability lawyer now at (618) 500-HURT for a no-risk, no-obligation case review.

Premier Premises Liability Lawyers That Deliver

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 Elmwood Park, 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 their previous victories, and their reputation among their clients and peers. The many awards, honors and accolades Burger Law has received from other attorneys include:

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a remarkable achievement awarded to not more 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 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 American Bar Association accredited certification board.

Any premises liability lawyer can say they know how to handle your case, but having a proven track record of success 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 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 Are Illinois’ Premises Liability Laws?

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 people legally on their property from foreseeable harm because of dangerous conditions on the property, by either fixing 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 dangerous condition was “open and obvious,” for instance, sharp edges on machinery or equipment, a property owner may not owe you a responsibility to keep you from unreasonable harm.

Examples of a known hazard are:

• Spills that are not cleaned up or are not marked with a warning sign
• Potholes
• Loose railings
• Unsecured flooring
• Unsecured cables
• Broken steps
• Broken or malfunctioning doors
• Slippery surfaces due to ice, snow, or water
• Uneven walking surfaces
• Poorly designed or repaired playground equipment
• Bad building craftsmanship
• Poor lighting
• Falling debris
• Broken locks or insufficient security measures
• Pools without barriers or lifeguards on duty
• Vicious animals
• Poor electrical wiring

If you were misusing the property, for example, sliding down a banister or being on a part of the property you were not allowed to be on, the property owner or manager generally does not owe you a duty of care.

To prove a premises liability claim in Elmwood Park, 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

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 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 repair or guard against the hazard. For example, if a grocery store has signs on the wall promoting their sales, and you fell over an “obvious” condition because you were looking at them, the distraction exception may apply. 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 hazard may be easily discovered, but the person on the property 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 material near a dumpster. The condition 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 Elmwood Park, IL Premises Liability Claims

The extent of the duty the possessor owes you is based on why you were on the property. In Illinois, there are three categories of visitors:

Invitees and Licensees

Invitees are people that are on the premises for business purposes, for example diners at a restaurant or attendees of a movie theater. People on public land, such as libraries or parks, are also considered invitees.

A licensee is someone that is on the premises with the consent of the possessor, but not for the express financial benefit of the possessor. Common examples include friends over a party, a utility technicians working on your property, someone you let hunt on your property for free or someone who goes into a store 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 the trespasser is not supposed to be on the property, the Illinois Pattern Jury Instructions states that owners owe no duty to a trespasser, with a few exceptions:

• Once the trespasser’s presence is known or should be known, an owner has a duty not to 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 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 landscaping, 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 can be held strictly liable – or automatically liable – if a dangerous condition entices a child onto the property and injures them. Common attractive nuisances include swimming pools, playground equipment, abandoned wells 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 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 premises,
  • The nuisance could lead to the death or injury of 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 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. Talk to a premises liability lawyer in Elmwood Park, IL about your injuries now at (618) 500-HURT or fill out our online form.

Common Premises Liability Injuries in Elmwood Park, IL

We have gotten maximum compensation for our Elmwood Park, IL clients with a wide range of injuries sustained on someone else’s property, including:

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

How Can a Premises Liability Lawyer in Elmwood Park, IL Help Me?

Insurance companies fight back hard against premises liability claims. 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. An experienced premises liability lawyer in Elmwood Park, IL like those at Burger Law will not let them get away with avoiding their obligation to compensate you. A premises liability lawyer in Elmwood Park, 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 at fault
• Gather evidence such as employee and eyewitness testimony, accident reports, photographs, security footage and expert testimony
• Determine how a property owner or manager neglected their duty of care
• Calculate the full extent 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 ensure you get the best compensation possible
• Resist dishonest tricks from the insurance company attempting to minimize your compensation
• Negotiate a settlement with the insurance company
• Keep you up-to-date on the status of your case
• Take the case to trial if the insurance company refuses to be fair in negotiations

We have earned both our stellar reputation and our clients’ great recoveries through tenacity extraordinary ethics and a “never back down” mentality. We do not stop fighting until there is nothing left to fight.

Resources For Your Premises Liability Case in Elmwood Park, IL

Most of our clients have never had to seek compensation for an injury before, and do not know how to go about making their claim, 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 below.

We also offer a number of other free resources on our website.

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

What Are the Most Common Types of Elmwood Park, IL Premises Liability Claims?

What Are the Most Common Types of Elmwood Park, IL Premises Liability Claims?

At Burger Law, we fight for the rights of people seriously injured in a variety of premises liability claims in Elmwood Park, 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 a full financial recovery, no matter the circumstances. Never believe an insurance company or property owner when they say they do not have to pay you.

Elmwood Park, 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 claim:

• The severity of your injuries and how much they have affected your life
• If your injuries led to long-lasting disability
• Whether you will need future medical treatment
• Whether or not you are partially to blame for your injuries
• The insurance coverage’s policy limits, and whether there is more insurance available

Your Elmwood Park, 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 to Blame 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 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 fault for your accident, 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 cannot make a recovery in Elmwood Park, 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 Elmwood Park, 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 two noteworthy exceptions:

1. If you were under 18 at the time of the injury, you have until your 20th birthday.
2. If you were under a “legal disability” when the injury occurred, you have two years from the date you are no longer under the disability.

After a premises liability injury, act as soon as you can. You only have one chance to receive full compensation, and the countdown has already started. Do not hesitate, 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 as a guest in somebody else’s home, you should still seek compensation from their insurance company. While the notion of “suing” someone you love is awkward at best, the truth is the reason we pay into insurance is to keep ourselves and those we love safe 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 a Government Entity in Elmwood Park, 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 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 sidewalks or parks, as a homeowner or business owner would be.

Instead of a two-year statute of limitation, claims against the state of Illinois must be filed 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 hiring a knowledgeable premises liability lawyer, you can ensure your claim is filed correctly.

In addition to premises liability, other claims we take on in Elmwood Park, 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 Elmwood Park, IL Today

Property owners and their insurance companies will not always be willing to fairly compensate you for the injuries their negligence caused. 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 demand nothing but the best possible compensation, and offer nothing but the highest quality legal advocacy. Speak to a Burger Law Elmwood Park, 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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