Premises Liability Lawyer in Galesburg, IL

Premises liability lawyer in Galesburg, IL. If you or someone you love were seriously injured because a property owner or manager was negligent, you are owed compensation under the law. Call the Galesburg, IL personal injury lawyers of Burger Law at (618) 500-HURT or contact us online for justice and maximum compensation.

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

If you were injured by a hazardous property condition, seek medical aid right away. Then, speak to Burger Law. Our attorneys have over 80 years of combined litigation experience getting maximum compensation for our clients in Galesburg, 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 a big one; you only have one opportunity to get the best possible compensation for your accident. You deserve it, and we will not stop fighting until you receive it. Over our 30 years of practice, we have gotten over $200 million in verdicts and settlements for the injured in a wide variety of personal injury claims. Let us deal with the insurance company so you can focus on your physical recovery. Call a Burger Law Galesburg, IL premises liability lawyer now at (618) 500-HURT for a no-risk, no-obligation case review.

Award-Winning Premises Liability Lawyers That Deliver

It can be hard to know how to choose the best personal injury lawyer for you. 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 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 other attorneys include:

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a notable achievement awarded to less than 5 percent of all attorneys in the United States
• 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. Less than 4 percent of all practicing lawyers are certified by an ABA accredited certification board.

Any premises liability lawyer can say they’ll fight for you, but proving they are qualified is another matter entirely. Some of our recent premises liability case victories include:

• $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

Understanding Illinois Premises Liability Laws

Under 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 guests that its there. That can mean hazards that they either had direct knowledge of or should have discovered through reasonable diligence. If the hazard was “open and obvious,” for instance, a clearly broken staircase, a property owner generally does 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
• Damaged steps
• Faulty doors
• Snow or black ice
• Uneven walking surfaces
• Poorly designed or maintained playground equipment
• Bad building craftsmanship
• Poor lighting
• Falling debris
• Broken locks or inadequate security measures
• Pools without fencing or lifeguards on duty
• Aggressive 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 property you were not allowed to be on, the person in control of the property typically does not has a responsibility to keep you from harm.

To prove a premises liability claim in Galesburg, IL, you must prove 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 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 should predict that you may not appreciate 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 posters 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 apply distractions that are your fault, such as looking at your phone.
2. The “Deliberate Encounter” ExceptionThe second instance in which “open and obvious” does not apply 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 found that a property owner owed a duty of care to a worker who slipped on slippery material near a dumpster. The danger was easy to see, but because the man had to empty the dumpster as part of his employment, the owner should have known that it was necessary for him to encounter the waste.

Types of Visitors in Galesburg, IL Premises Liability Claims

How much responsibility the property owner or manager owes you is based on why you were on the premises. In Illinois, there are three types 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 sporting event. People on public land, such as libraries or parks, are also considered invitees.

A licensee is someone that is on the premises with the permission of the possessor, but not for the express financial benefit of the possessor. Common examples include friends over for dinner, a utility company employee working on your property, someone you allow to hunt on your property at no cost or someone stopping into a store just 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 against a possessor’s wishes. Because the possessor did not invite them to the premises, 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 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 have a duty to warn against it.
• If the owner is conducting activities, for example landscaping, and knows that activity could harm a trespasser, they have a duty to try to avoid injuring the trespasser.
• According to the common law theory of attractive nuisance, in some states, property owners can be held strictly liable – or automatically liable – if a child comes onto the property because of a dangerous condition that might be attractive to a child and the child is hurt. Examples of an attractive nuisance include swimming pools, trampolines, abandoned wells or construction sites. 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 successful attractive nuisance claim, you must show that:
  • The owner could reasonably expect a child may come onto the property,
  • The nuisance could cause harm to a child
  • A child would not be expected to understand the danger, 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 were negligent, your knowledgeable premises liability lawyer at 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 Galesburg, IL about your claim today at (618) 500-HURT or complete online form.

Common Premises Liability Injuries in Galesburg, IL

We have gotten great results for our Galesburg, 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
• Ankle, knee and shoulder injuries

How Can a Premises Liability Lawyer in Galesburg, 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 possessor did not owe you a duty of care. A knowledgeable premises liability lawyer in Galesburg, IL like those at Burger Law will not let that happen. A premises liability lawyer in Galesburg, 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 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 did not take reasonable steps to ensure their property was safe
• Calculate how much your claim is worth, including your medical bills, lost wages, lost earning potential, pain and suffering and emotional distress, to make sure you get the most amount of money possible
• Resist dishonest tactics from the insurance company 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 to trial if we cannot get you the fair financial recovery you deserve in negotiations

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

Resources For Your Premises Liability Claim in Galesburg, IL

Most people who come to us have never had to seek compensation for an injury 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 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 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 Galesburg, IL Premises Liability Claims?

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

At Burger Law, we fight for the rights of people seriously injured in a wide range of premises liability claims in Galesburg, 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 deserve a full financial recovery, no matter where or how the accident happened. Never believe an insurance company or property owner when they say they do not have to pay you.

Galesburg, 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:

• How serious your injuries are and how much they have affected you financially, physically and mentally
• If your injuries resulted in long-lasting consequences
• 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 Galesburg, IL premises liability lawyer at Burger Law will not accept anything but full compensation 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 what is considered a modified contributory fault state, which means that you can recover for the portion of the blame you do not bare.

Meaning, if your damages total $100,000 but you share 30 percent of the fault for your accident, 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 Galesburg, 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 Galesburg, 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 were under 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, there is no time to wait. You only have one chance to get a full financial recovery, and the clock is already ticking. 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 hurt at a friend or family member’s home, you should still seek compensation from their insurance company. While the idea of “suing” a family member or friend is awkward at best, in reality you are just insisting that their insurance cover the expenses related to your injuries as part of their contract with the homeowner. Any close friend or family member should want to see you fairly compensated for your damage.

Can I Sue the State of Illinois or a Local Municipality in Galesburg, 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 a two-year statute of limitation, claims against a government entity in Galesburg, IL must be made within one year of the injury. There are also special rules for filing your claim with the State Attorney General and Clerk of the Court of Claims. By hiring an experienced premises liability lawyer, you can ensure your claim is filed correctly.

In addition to premises liability, other claims we take on in Galesburg, 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 Galesburg, 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 financial recovery, and offer nothing but the highest standard of legal advocacy. Speak to a Burger Law Galesburg, IL premises liability attorney today at 312-500-HURT or fill out our online contact form to discuss your case at no cost to you.

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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