Premises Liability Lawyer in Palatine, IL

Premises Liability Lawyer in Palatine, IL

If you were seriously hurt because a property owner or manager did not protect you from unreasonable hazards, you are owed compensation under the law. Call the Palatine, IL personal injury lawyers of Burger Law at (314) 500-HURT or fill out our online form for a free consultation. If you were injured because a property owner did not keep their property safe in Palatine, IL, see how much your injuries may be worth by using our free personal injury calculator.

If you were injured because of a hazardous property condition, seek medical treatment right away. Then, contact Burger Law. Our attorneys have over 80 years of combined litigation experience holding negligent people in Palatine, 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; you only have one chance to get the best possible compensation for your injuries. You deserve it, and we will demand that you receive it. To date, we have secured 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 your physical recovery. Call a Burger Law Palatine, IL premises liability lawyer immediately at (314) 500-HURT for a free consultation.

Recognized Leaders in Premises Liability Claims

It can be hard to know how to choose the best personal injury lawyer for you. You want someone with a history of winning similar cases and who you know will not back down from a fight. In order to gauge the abilities of an injury law firm, you need to take into account their previous victories, and their reputation among their clients and peers. The many 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 lawyers in the U.S.
• 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. Fewer than 4 percent of all practicing attorneys are certified by an American Bar Association 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 include:

• $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 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

What Is the Illinois Premises Liability Act?

According to The Illinois Premises Liability Act, the owner or occupier of a property typically has a duty of reasonable care to keep people legally on their property from unreasonable harm due to dangerous conditions on the premises, by either fixing the dangerous condition or by notifying guests that its there. That can mean hazards that they either explicitly knew about or should have been aware of. If the dangerous condition 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 can include:

• Wet spots on floors that are not mopped up or are not marked with a warning sign
• Potholes
• Loose railings
• Unsecured flooring
• Unsecured extension cords
• Broken steps
• Broken or malfunctioning doors
• Snow or black ice
• Uneven walking surfaces
• Poorly designed or maintained playground equipment
• Poor building craftsmanship
• Poor lighting
• Falling debris
• Broken locks or negligent security measures
• Pools without fencing or lifeguards on duty
• Vicious 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 premises you were not allowed to be on, the person in control of the property generally does not has a responsibility to keep you from harm.

To prove a premises liability claim in Palatine, IL, you must fulfill 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 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 should predict that you may not see the danger because another aspect of the premises may be distracting, they still need to fix or guard against the hazard. For example, if a grocery store has posters on the wall promoting their sales, and you tripped because you were not looking at the ground, the distraction exception may apply. The exception does not include self-created distractions, such as looking at your phone.
2. The “Deliberate Encounter” ExceptionThe second exception 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 man who fell because of slippery surfaces near a dumpster. The condition 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 material.

Types of Visitors in Palatine, IL Premises Liability Claims

How much responsibility the possessor 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 business purposes, for example patrons at a bar or people who go to a amusement park. An invitee can also be someone on property open to the public.

A licensee is someone that is on the property with the consent of the owner or manager, but either for their own benefit or the benefit of neither. Common examples include social guests, a utility company employee performing work on your property, someone you allow to hunt on your land at no cost or someone stopping into a restaurant 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 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 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 should have known of a trespasser’s presence, they have a duty to warn against the condition.
• 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 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. Common attractive nuisances include swimming pools, playground equipment, ladders 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 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 premises,
  • The nuisance could injure 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 do not know what type of visitor you were when you were injured, your experienced 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 Palatine, IL about your injuries immediately at (314) 500-HURT or fill in online form.

Common Premises Liability Injuries in Palatine, IL

We have gotten maximum compensation for our Palatine, 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
• Ankle, knee and shoulder injuries

How Can a Premises Liability Lawyer in Palatine, 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 talented premises liability lawyer in Palatine, IL like those at Burger Law will not let that happen. A premises liability lawyer in Palatine, 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 the circumstances surrounding your injuries and determine who is liable
• Obtain evidence such as employee and eyewitness testimony, accident reports, pictures, video surveillance and depositions from expert witnesses
• Identify 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 bills, wages you lost from time off work recovering, lost earning capacity, pain and suffering and mental anguish, to make sure you get the best compensation possible
• Fight back against dishonest tactics from the insurance adjuster attempting to minimize your payout
• Negotiate a settlement with the insurance company
• Answer any questions you may have at any time
• Take the fight to trial if the insurance company will not be fair in negotiations

We have earned both our stellar 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 are paid.

Resources to Help With Your Premises Liability Claim in Palatine, IL

Most people who come to us 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, our firm has 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
• Legal Glossary for Personal Injury Claims
• Legal Podcasts
• Premises Liability Blog

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

At Burger Law, we have had success in a variety of premises liability claims in Palatine, 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 injured on someone else’s property because of the possessor’s negligence, you deserve a full financial recovery, no matter where or how your injuries occurred. Never believe an insurance company or property owner when they say they do not have to pay you.

Palatine, 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 claim:

• How serious your injuries are and how much they have affected you financially, physically and mentally
• If your injuries resulted in long-lasting disability
• Whether you will need further surgeries or other medical expenses in the future
• Whether or not you contributed to your injuries
• The insurance coverage’s policy limits, and whether there is more insurance available

Your Palatine, IL premises liability lawyer at Burger Law will not accept anything but full compensation when securing your settlement or jury verdict.

What if I Was Partially at Fault for My Injuries?

You can still recover 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 can recover for the percentage of the accident that is not your fault.

Meaning, if your damages total $100,000 but you share 30 percent of the blame for your injury, 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 share more of the blame than the other party, you will not be able to recover any compensation in Palatine, 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 Palatine, 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 notable exceptions:

1. If you were a minor 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 the disability was “removed.”

After a premises liability injury, contact a lawyer as soon as you can. You only have one opportunity 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 at a Friend or Family Member’s House?

If you were hurt at a friend or family member’s property, you should still seek compensation from their homeowner’s insurance. While the idea of “suing” someone you love is awkward at best, the truth is 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 a Government Entity in Palatine, 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 Palatine, 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 a knowledgeable premises liability lawyer, you can ensure your claim is filed correctly.

In addition to premises liability, other claims we take on in Palatine, 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 Palatine, 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 insist on nothing but the best possible compensation, and offer nothing but the highest standard of legal advocacy. Call a Burger Law Palatine, IL premises liability attorney today at 312-500-HURT or fill out our online contact form to discuss your case for free.

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!

View More Reviews on Google Maps and Yelp