Premises Liability Lawyer in Jacksonville, IL

Premises liability lawyer in Jacksonville, IL. If you were seriously injured because a property owner or manager did not protect you from unreasonable hazards, you deserve a full financial recovery. Call the Jacksonville, IL personal injury lawyers of Burger Law at (618) 500-HURT or contact us online to be made whole again.

If you were injured through no fault of your own in Jacksonville, IL, see 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, seek medical care right away. Then, contact Burger Law. Our firm has over 30 years of litigation experience holding negligent people in Jacksonville, IL responsible for their actions. 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 secured over $200 million in verdicts and settlements for the injured in a wide range of personal injury cases. Let us work for your financial recovery so you can focus on healing. Call a Burger Law Jacksonville, IL premises liability lawyer today at (618) 500-HURT for a no-risk, no-obligation consultation.

Award-Winning Premises Liability Lawyers Know How to Win

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 Jacksonville, 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 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 remarkable achievement awarded to not more 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 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. Less than 4 percent of all practicing attorneys are certified by an American Bar Association accredited certification board.

Any premises liability lawyer can say they know how to handle your case, but proving they are qualified is another matter entirely. Click on the links below to read about our previous premises liability successes:

• $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 Harassment 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

Elements in an Illinois Premises Liability Case

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

Examples of a known hazard are:

• Wet spots on floors that are not mopped up or are not warned against
• 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 repaired playground equipment
• Poor building craftsmanship
• Insufficient lighting
• Falling debris
• Broken locks or insufficient security measures
• Pools without barriers or lifeguards on duty
• Aggressive animals
• Poor electrical wiring

If you were not using the property as intended, for example, sprinting through the property or being on a part of the property that was roped off, the property owner or manager usually does not has a responsibility to keep you from harm.

To prove a premises liability claim in Jacksonville, IL, you must demonstrate 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 should predict that you may not see a hazard because another aspect of the premises may be distracting, they still owe you a duty of reasonable care. For example, if a grocery store has signs on the wall promoting their sales, 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, such as looking at your phone.
2. The “Deliberate Encounter” ExceptionThe second exception is when the hazard 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 man who slipped on hazardous surfaces 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 waste.

Types of Visitors in Jacksonville, IL Premises Liability Claims

How much responsibility the possessor owes you depends on what kind of visitor you are. In Illinois, there are three categories of visitors:

Invitees and Licensees

Invitees are people that are on the premises for the property owners’s financial benefit, for example customers in a store or people who go to a sporting event. 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 the express financial benefit of the possessor. Common examples include friends over a party, a utility company working on your property, someone you let hunt on your property for free or someone stopping 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, the duty of care owed to invitees and licensees is the same.

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 does not require property owners to protect trespassers, with some 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 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 fix 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.
• Under the common law concept 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, 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 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 have a valid attractive nuisance claim, 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 remedying the danger or restricting access was relatively low

If you are unclear about whether the possessor of the property owed you a duty of care and breached it, your knowledgeable premises liability lawyer at Burger Law will discuss your case with you for free. Talk to a premises liability lawyer in Jacksonville, IL about your case immediately at (618) 500-HURT or complete online form.

Common Premises Liability Injuries in Jacksonville, IL

We have gotten great results for our Jacksonville, 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
• Joint injuries

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

Premises liability claims are vigorously defended against by Jacksonville, IL insurance companies. They may try to blame you for your injuries, or say that the possessor did not owe you a duty of care. An experienced premises liability lawyer in Jacksonville, IL like those at Burger Law will not let that happen. A premises liability lawyer in Jacksonville, 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 ascertain who is liable
• Obtain evidence such as employee and eyewitness testimony, accident reports, pictures, video surveillance and expert testimony
• Determine how a property owner or manager failed in their duty of care
• Quantify the full value of your damages, including your medical bills, lost wages, lost earning capacity, pain and suffering and mental anguish, to ensure you get the most amount of money possible
• Resist dishonest tactics from the insurance company trying to avoid paying you
• Negotiate with the insurance adjuster on your behalf
• Keep you up-to-date on the status of your case
• Take the case to trial if we cannot get you the fair financial recovery you deserve in negotiations

We have earned both our exceptional reputation and our clients’ compensation through tenacity diligence and a “never back down” frame of mind. We start working on your case right away and do not stop until you get the full compensation you deserve.

Resources to Help With Your Premises Liability Case in Jacksonville, 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 the right attorney for their case. 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 a number of 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 Jacksonville, IL Premises Liability Claims?

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

At Burger Law, we fight for the rights of people seriously injured in a variety of premises liability claims in Jacksonville, 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 injured on someone else’s property because of the possessor’s negligence, you deserve to be compensated, no matter where or how your injuries occurred. Never believe an insurance adjuster or property owner when they say they do not have to pay you.

Jacksonville, IL Premises Liability Lawyer: Frequently Asked Questions

How Much Can I Receive in Compensation?

How much your injuries are worth 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 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 insurance available

Your Jacksonville, 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 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 bare.

Meaning, if a jury awards you $100,000 in damages, but finds that you share 30 percent of the blame 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.

That means that if you are over half to blame for the accident, you will not be able to recover any compensation in Jacksonville, 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 Jacksonville, 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 noteworthy exceptions:

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

After a premises liability injury, contact a lawyer as soon as you can. You only have one chance to get a full financial recovery, and the countdown has already started. Do not delay, 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 at a friend or family member’s home, you should still file a claim with their insurance company. While the thought of “suing” someone you love is nothing anyone wants to think about, in reality the reason we have insurance is to keep ourselves and those we love safe 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 Sue a Government Entity in Jacksonville, 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 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 lands, such as sidewalks or parks, as any other property owner would be.

Instead of a two-year statute of limitation, claims against a government entity in Jacksonville, IL must be made within one year of the injury. There are also special instructions for filing your claim with the State Attorney General and Clerk of the Court of Claims. By contacting a capable premises liability lawyer, you can ensure your claim is filed correctly.

In addition to premises liability, other claims we take on in Jacksonville, 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 Jacksonville, 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 will stand up to them and 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 highest compensation, and offer nothing but the highest quality legal advocacy. Speak to a Burger Law Jacksonville, 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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