Premises Liability Lawyer in Montgomery, IL

Premises liability lawyer in Montgomery, 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 Montgomery, 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 because someone else was negligent in Montgomery, IL, discover how much your case may be worth by using our free personal injury calculator.

If you were injured by a dangerous property condition, get medical aid immediately. Then call Burger Law. Our attorneys have over 80 years of combined litigation experience getting maximum compensation for our clients in Montgomery, 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 not stop fighting until you receive it. Over our 30 years of practice, we have secured more than $200 million in verdicts and settlements for our clients in a wide variety of personal injury claims. Let us deal with the insurance company so you can focus on healing. Speak to a Burger Law Montgomery, IL premises liability lawyer immediately at (618) 500-HURT for a no-risk, no-obligation case review.

Recognized Leaders in Premises Liability Claims

Choosing the right personal injury lawyer for your claim is crucial. 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 their previous victories, 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 significant achievement awarded to not more than 5 percent of all attorneys 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 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. Fewer than 4 percent of all practicing lawyers are certified by an ABA 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 are:

• $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 Claim

What Are Illinois’ Premises Liability Laws?

According to 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 foreseeable harm because of dangerous conditions on the property, by either fixing the dangerous condition or by warning of its existence. This includes hazards that they either had direct knowledge of or should have known about. If the dangerous condition was “open and obvious,” for example, a massive hole in the floor, you may not be able to make a claim.

Examples of a dangerous condition are:

• Wet spots on floors that are not cleaned up or are not warned against
• Broken pavement
• Loose railings
• Unsecured flooring
• Unsecured extension cords
• Broken steps
• Faulty 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 inadequate security measures
• Pools without barriers or lifeguards on duty
• Aggressive animals
• Poor electrical wiring

If you were misusing the property, for example, sliding down a banister or being on a part of the property that was roped off, the property owner or manager usually does not owe you a duty of care.

To prove a premises liability claim in Montgomery, IL, you must fulfill 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 instances in which “open and obvious” may not apply:

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 you may be distracted by something else on the property, they still owe you a duty of reasonable care. For example, if a retail store has signs on the wall promoting their sales, and you fell over an “obvious” condition because you were looking at them, you may still be able to file a claim. The exception does not apply self-created distractions, for example looking at your phone.
2. The “Deliberate Encounter” ExceptionThe second exception is when the danger 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 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 known that it was necessary for him to encounter the material.

Types of Visitors in Montgomery, IL Premises Liability Claims

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

Invitees and Licensees

Invitees are people that enter the property for business purposes, for example patrons at a bar or attendees of a movie theater. 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 business purposes. Common examples include social guests, a utility technicians performing work on your property, someone you allow to hunt on your property at no cost or someone who goes into a store only to ask for directions.

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 without permission or an invitation. 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 some exceptions:

• If a property owner knows or should know that a trespasser is on the premises, they cannot purposefully injure the trespasser.
• If an owner knew there was an artificial structure that could cause serious bodily injury or death, 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 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.
• According to the common law concept 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, trampolines, 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, the child and their family would have a general negligence claim. To have a valid attractive nuisance claim, you must demonstrate:
  • 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 not be expected to understand the risks, and
  • The cost of remedying the danger or restricting access was relatively low

If you are unsure what your visitor status was when you were injured, your experienced 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. Talk to a premises liability lawyer in Montgomery, IL about your claim today at (618) 500-HURT or fill out our online form.

Common Premises Liability Injuries in Montgomery, IL

We have gotten maximum compensation for our Montgomery, IL clients with a variety 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 Montgomery, IL Do For My Claim?

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 talented premises liability lawyer in Montgomery, IL like those at Burger Law will not let them get away with it. A premises liability lawyer in Montgomery, 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 your accident and ascertain who is at fault
• Acquire evidence such as employee and eyewitness testimony, accident reports, photographs, security footage and expert testimony
• Identify how the person in control of the property failed in their duty of care
• Determine the full extent of your damages, including your medical bills, lost wages, lost earning capacity, pain and suffering and mental anguish, to make sure you get the most amount of money possible
• Fight back against dishonest tactics from the insurance company attempting to avoid paying you
• Negotiate a settlement with the insurance company
• Answer any questions you may have at any time
• Take the case to trial if the insurance company will not be fair in negotiations

We have earned both our distinguished reputation and our clients’ great recoveries through tenacity extraordinary ethics and a “never back down” frame of mind. We start working on your case right away and do not let up until you get the full compensation you deserve.

Resources For Your Premises Liability Case in Montgomery, IL

Most people who come to us have never had to deal with making an injury claim before, and are not sure 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 for free by providing your name and email below.

We also offer a variety 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 Montgomery, IL Premises Liability Claims?

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

At Burger Law, we fight for the rights of people seriously injured in a wide range of premises liability claims in Montgomery, 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 adjuster or property owner when they say they do not have to pay you.

Montgomery, 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 injuries:

• 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 further surgeries or other medical expenses down the road
• Whether or not you are partially to blame for your injuries
• The policyholder’s policy limits, and whether there is more insurance available

Your Montgomery, 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?

You can still recover 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 portion of the blame you do not share.

Meaning, if your damages total $100,000 but you share 30 percent of the blame for your accident, you can recover $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.

That means that if you are over 50 percent to blame for the accident, you will not be able to recover any compensation in Montgomery, 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 Montgomery, 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 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 you are no longer under the disability.

After a premises liability injury, contact a lawyer as soon as you can. You only have one chance to receive full compensation, and the clock is already ticking. Do not hesitate, call us as soon as possible at 312-500-HURT.

What if I Was Injured at a Friend or Family Member’s House?

If you were injured at a friend or family member’s home, you should still seek compensation from their homeowner’s insurance. While the idea of “suing” a family member or friend is nothing anyone wants to think about, the truth is the reason we pay into insurance is to protect ourselves and those we love 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 the State of Illinois or Another Government Entity in Montgomery, 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 roads or libraries, as any other property 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 a capable premises liability lawyer, you can ensure everything goes smoothly.

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

Property owners and their insurance companies often do not want to take responsibility for their negligence. 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 insist on nothing but the highest financial recovery, and offer nothing but the highest standard of legal advocacy. Speak to a Burger Law Montgomery, IL premises liability attorney today at 312-500-HURT or fill out our online contact form for a no-obligation, no-risk case evaluation.

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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