Premises Liability Lawyer in Lincoln, IL

Premises liability lawyer in Lincoln, IL. If you were seriously hurt on someone else’s property, you deserve a full financial recovery. Call the Lincoln, IL personal injury lawyers of Burger Law at (618) 500-HURT or fill out our online form to start on your road to true recovery.

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

If you were injured by a property owner or manager’s negligence, seek medical aid as soon as possible. Then, contact Burger Law. Our firm has over 30 years of litigation experience holding negligent people in Lincoln, IL accountable. You did not ask 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 opportunity to get the best possible compensation for your accident. You deserve it, and we will demand that you receive it. To date, we have gotten more than $200 million in compensation for our clients in a wide range of personal injury cases. Let us deal with the insurance company so you can focus on healing. Reach out to a Burger Law Lincoln, IL premises liability lawyer today at (618) 500-HURT for a free case review.

Acclaimed 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 Lincoln, 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 many 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 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 honor 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 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. 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 On the Eve of 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 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 people legally on their property from foreseeable injuries because of dangerous conditions on the premises, by either fixing the dangerous condition or by notifying guests that its there. That can mean dangerous conditions that they either had direct knowledge of or should have been aware of. If the hazard was “open and obvious,” for instance, a massive hole in the floor, a property owner may not owe you a responsibility to keep you from unreasonable harm.

Examples of a dangerous condition 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 stairs
• Faulty doors
• Snow or black ice
• Uneven walking surfaces
• Poorly designed or maintained playground equipment
• Bad building craftsmanship
• Insufficient lighting
• Falling debris
• Broken locks or inadequate 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 premises you were not allowed to be on, the person in control of the premises typically does not owe you a duty of care.

To prove a premises liability claim in Lincoln, IL, you must fulfill 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 notice the danger 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 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 include self-created distractions, for example looking at your phone.
2. The “Deliberate Encounter” ExceptionThe second instance in which “open and obvious” does not apply is when the danger may be easily discovered, but the person on the premises 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 a property owner owed a duty of care to a worker who slipped on slippery surfaces near a dumpster. The condition was known to the injured man, 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 Lincoln, IL Premises Liability Claims

How much responsibility the possessor owes you depends on what kind of visitor you are. Illinois law differentiates between three categories of visitors:

Invitees and Licensees

Invitees are people that enter the property for the property owners’s financial benefit, for example customers in a store or attendees of a sporting event. 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 not for business purposes. Common examples include social guests, a utility company performing work on your property, someone you let hunt on your property for free or someone stopping into a restaurant just to ask for directions.

Illinois law used to distinguish between invitees and licensees — and many states still do. However, since the current Illinois Premises Liability Act when into effect 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 premises, the Illinois Pattern Jury Instructions does not require property owners to keep trespassers safe from unreasonable harm, with a few exceptions:

• If a property owner knows or should know that a trespasser is on the premises, they cannot 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 have a duty to warn against the condition.
• If the owner is conducting activities, for example yard work, 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 are 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, playground equipment, dangerous or unsecured animals 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, the child and their family would have a general negligence claim. To make a premises liability claim for a child under attractive nuisance, you must demonstrate:
  • 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 likely not understand the risks, and
  • The cost of protecting the child from the danger was relatively low

If you are unclear about whether the possessor of the property owed you a duty of care and were negligent, 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. Speak to a premises liability lawyer in Lincoln, IL about your claim now at (618) 500-HURT or fill in online form.

Common Premises Liability Injuries in Lincoln, IL

We have gotten maximum compensation for our Lincoln, 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 Lincoln, IL Do For My Claim?

Premises liability claims are strongly defended against by Lincoln, 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. A talented premises liability lawyer in Lincoln, IL like those at Burger Law will not let that happen. A premises liability lawyer in Lincoln, 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 determine who is at fault
• Obtain evidence such as employee and eyewitness testimony, accident reports, photographs, security footage and expert testimony
• Determine how the person in control of the property did not take reasonable steps to ensure their property was safe
• Compute the full extent of your damages, including your medical expenses, wages you lost from time off work recovering, lost earning capacity, pain and suffering and emotional distress, to make sure you get the most amount of money possible
• Resist dishonest tactics from the insurance adjuster 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 full compensation you are owed in negotiations

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

Resources to Help With Your Premises Liability Case in Lincoln, 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 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 at no cost below.

We also offer a number of 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 Lincoln, IL Premises Liability Claims?

At Burger Law, we fight for the rights of people seriously injured in a variety of premises liability claims in Lincoln, 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 to be compensated, no matter the circumstances. We will ensure you get it.

Lincoln, IL Premises Liability Lawyer: Frequently Asked Questions

How Much Can I Receive in Compensation?

The true value of your claim depends on the particulars of your accident:

• The extent of your injuries and how much they have affected your life
• If your injuries resulted in long-lasting consequences
• Whether you will need further surgeries or other medical expenses down the road
• Whether or not you contributed to your injuries
• The policyholder’s policy limits, and whether there is more insurance available

Your Lincoln, IL premises liability lawyer at Burger Law will not accept anything but full compensation when settling your claim.

What if I Was Partially at Fault for My Accident?

Your premises liability lawyer will still be able to help you get compensation, although it will not be as much as if you shared no blame. 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 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 are more than half to blame for the accident, you will not be able to recover any compensation in Lincoln, 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 Lincoln, 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 a couple of notable exceptions:

1. If you were under 18 when the injury occurred, you have two years to file a claim after your 18th birthday.
2. If you had 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 opportunity to receive full compensation, and the clock is already ticking. Do not wait, 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 house, you should still seek compensation from their homeowner’s insurance. While the thought of “suing” a family member or friend is nothing anyone wants to consider, 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 Lincoln, 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 sidewalks or libraries, as a homeowner or business owner would be.

Instead of a two-year statute of limitation, claims against the government must be made within one year of the injury. There are also unique instructions 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 everything goes smoothly.

In addition to premises liability, other claims we take on in Lincoln, 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 Lincoln, 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 demand nothing but the highest financial recovery, and offer nothing but the highest quality legal advocacy. Speak to a Burger Law Lincoln, IL premises liability attorney today at 312-500-HURT or fill out our online contact form for a no-obligation, no-risk consultation.