Premises Liability Lawyer in Oak Lawn, IL

Premises liability lawyer in Oak Lawn, IL. If you were seriously hurt because a property owner or manager was negligent, you deserve a full financial recovery. Call the Oak Lawn, IL personal injury lawyers of Burger Law at (618) 500-HURT or contact us online for justice and maximum compensation.

If you were injured because someone else was negligent in Oak Lawn, 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 attention immediately. Then call Burger Law. Our attorneys have over 80 years of combined litigation experience getting maximum compensation for our clients in Oak Lawn, IL. You did not deserve 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 a full financial recovery for your injuries. You deserve it, and we will insist that you receive it. Over our 30 years of practice, we have gotten more than $200 million in compensation for our clients in a wide range of personal injury claims. Let us deal with the insurance company so you can focus on healing. Call a Burger Law Oak Lawn, IL premises liability lawyer immediately at (618) 500-HURT for a free case evaluation.

Acclaimed Premises Liability Lawyers That Deliver

Choosing the right personal injury lawyer for your claim is crucial. You want someone with a history of winning similar cases and who you know will not back down from a fight. In order to have a good understanding of the abilities of a law firm, you need to take into account 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 remarkable 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 honor that is comprised 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. Fewer than 4 percent of all practicing lawyers are certified by an ABA accredited certification board.

A premises liability lawyer can say just about anything, but proving they are qualified is another matter entirely. Some of our recent premises liability case victories are:

• $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

Elements in an Illinois Premises Liability Case

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 protect visitors from foreseeable harm due to dangerous conditions on the property, by either fixing the hazard or by warning guests that its there. That can mean hazards that they either explicitly knew about or should have known about. If the hazard was “open and obvious,” for example, sharp edges on machinery or equipment, you may not be able to make a claim.

Examples of a dangerous condition are:

• Spills that are not cleaned up or are not warned against
• Broken pavement
• Loose railings
• Unsecured flooring
• Unsecured cables
• Damaged stairs
• Broken or malfunctioning doors
• Snow or black ice
• Uneven walking surfaces
• Poorly designed or repaired playground equipment
• Bad building craftsmanship
• Insufficient lighting
• Falling debris
• Broken locks or negligent 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, “goofing off” or being on a part of the property you were not allowed to be on, the person in control of the premises usually does not has a responsibility to keep you from harm.

To prove a premises liability claim in Oak Lawn, IL, you must prove 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 adopted a “distraction exception.” If an owner thinks you may not see a hazard because you may be distracted by something else on the property, they still need to fix or guard against the hazard. For example, if a retail 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 file a claim. The exception does not apply self-created distractions, 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 easily discovered, 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 ruled that the person in charge of a property owed a duty of care to a worker who fell because of hazardous material near a dumpster. The danger was obvious, but because the man had to empty the dumpster as part of his employment, the owner should have expected that the man would encounter the material.

Types of Visitors in Oak Lawn, IL Premises Liability Claims

How much responsibility the property owner or manager owes you depends on why you were on the premises. Illinois law differentiates between three types 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 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 permission of the possessor, but not for business purposes. Common examples include friends over for dinner, a utility technicians working on your property, someone you let hunt on your land at no cost or someone who goes into a store only 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 when into effect 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 property, 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 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 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 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 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, playground equipment, ladders or power tools. 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 make a premises liability claim for a child under attractive nuisance, you must demonstrate:
  • The owner had reason to believe a child may come onto the property,
  • 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 unsure what your visitor status was at the time of the accident, your knowledgeable premises liability lawyer with Burger Law will answer any questions you may have for free. Talk to a premises liability lawyer in Oak Lawn, IL about your injuries today at (618) 500-HURT or fill in online form.

Common Premises Liability Injuries in Oak Lawn, IL

We have gotten maximum compensation for our Oak Lawn, 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 Oak Lawn, IL Help Me?

Insurance companies fight back hard against premises liability claims. They may say that your injuries are your fault, or say that the property owner or manager did not owe you a duty of care. A knowledgeable premises liability lawyer in Oak Lawn, IL like those at Burger Law will not let them get away with it. A premises liability lawyer in Oak Lawn, 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:

• Conduct a complete investigation into the circumstances surrounding your injuries and ascertain who is at fault
• Acquire evidence such as depositions from witnesses and others who know of the dangerous condition, accident reports, photographs, video surveillance and depositions from expert witnesses
• Determine how the person in control of the property failed in their duty of care
• Compute the full value of your damages, including your medical expenses, wages you lost from time off work recovering, lost earning potential, 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 adjuster attempting to minimize your payout
• Negotiate with the insurance adjuster on your behalf
• Answer any questions you may have at any time
• Take the fight to trial if we cannot get you the fair financial recovery you are owed in negotiations

We have earned both our exceptional reputation and our clients’ great recoveries through tenacity extraordinary ethics and a “never back down” frame of mind. We do not stop fighting until you have your settlement check or jury verdict in hand.

Resources For Your Premises Liability Claim in Oak Lawn, 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 know which lawyer to hire. 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 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 Oak Lawn, IL Premises Liability Claims?

What Are the Most Common Types of Oak Lawn, IL Premises Liability Claims?

At Burger Law, we have had success in a variety of premises liability claims in Oak Lawn, 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 sustained a premises liability injury, you need to be compensated, no matter where or how your injuries occurred. We will ensure you get it.

Oak Lawn, IL Premises Liability Lawyer: Frequently Asked Questions

How Much is My Premises Liability Claim Worth?

How much your claim is depends on the specifics of your accident:

• The severity of your injuries and how much they have affected you financially, physically and mentally
• If your injuries led to long-lasting disability
• 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 Oak Lawn, 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?

You can still make a claim for compensation, although it will not be as much as if you shared no blame. Illinois is a modified contributory fault state, which means that you can recover for the portion of the fault 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 will receive $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.

Meaning, if you share more of the blame than the other party, you will not be able to recover any compensation in Oak Lawn, 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 Oak Lawn, IL?

In Illinois, the statute of limitations is shorter than most states at two years, 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 noteworthy 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” at the time of your injury, you have two years from the date you are no longer under the disability.

Following an injury that happened because of somebody else’s negligence, 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 wait, call us right away 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 as a guest in somebody else’s home, you should still seek compensation from their homeowner’s insurance. While the idea of “suing” someone you love is awkward at best, in reality 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 Oak Lawn, 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 a homeowner or business owner would be.

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

In addition to premises liability, other claims we take on in Oak Lawn, 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 Oak Lawn, 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 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 best possible financial recovery, and offer nothing but the highest standard of legal advocacy. Speak to a Burger Law Oak Lawn, IL premises liability attorney today at 312-500-HURT or fill out our online contact form for a free consultation.

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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