Premises Liability Lawyer in Rockford, IL

Premises liability lawyer in Rockford, 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 Rockford, IL personal injury lawyers of Burger Law at (618) 500-HURT or contact us online to start on your road to true recovery.

If you were injured because someone else was negligent in Rockford, IL, learn 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 aid as soon as possible. Then, contact Burger Law. Our firm has over 30 years of litigation experience holding negligent people in Rockford, IL accountable. 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 opportunity to get the best possible compensation for your injuries. You deserve it, and we will not stop fighting until you receive it. Over our 30 years of practice, we have gotten over $200 million in compensation for our clients in a wide variety of personal injury cases. Let us deal with the insurance company so you can focus on healing. Call a Burger Law Rockford, IL premises liability lawyer today at (618) 500-HURT for a no-risk, no-obligation case evaluation.

Acclaimed Premises Liability Lawyers Know How to Win

It can be hard to know how to choose the best personal injury lawyer for you. 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 gauge the abilities of an injury 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 remarkable achievement awarded to less 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 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 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 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 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 Claim

Understanding Illinois Premises Liability Laws

Pursuant to The Illinois Premises Liability Act, the owner or occupier of a property typically has a duty of reasonable care to protect visitors from unreasonable injuries due to dangerous conditions on the property, by either fixing the hazard or by warning of its existence. That can mean dangerous conditions that they either explicitly knew about or should have discovered through reasonable diligence. If the hazard was “open and obvious,” for example, 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 can include:

• Spills that are not cleaned up or are not warned against
• Potholes
• Loose railings
• Unsecured flooring
• Unsecured extension cords
• Damaged stairs
• Broken or malfunctioning doors
• Slippery surfaces due to ice, snow, or water
• Uneven walking surfaces
• Poorly designed or maintained playground equipment
• Bad building craftsmanship
• Poor lighting
• Falling debris
• Broken locks or negligent security measures
• Pools without fencing or lifeguards on duty
• Unrestrained animals
• Poor electrical wiring

If you were not using the property in a reasonable way, for example, sprinting through the property or being on a part of the property that was cordoned off, the property owner or manager typically does not has a responsibility to keep you from harm.

To prove a premises liability claim in Rockford, IL, you must demonstrate 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

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 notice the danger 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 posters on the wall with information on their current discounts, 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 include distractions that are your fault, for example 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 slippery material 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 Rockford, IL Premises Liability Claims

The extent of the duty the property owner or manager owes you is based on what category of visitor you are. 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 amusement park. People on public land, such as libraries or parks, are also considered invitees.

A licensee is someone that is on the premises with the consent of the owner or manager, but not for business purposes. Common examples include social guests, a utility company employee working on your property, someone you allow to hunt on your property at no cost or someone stopping into a restaurant just 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 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 property, the Illinois Pattern Jury Instructions does not require property owners to protect trespassers, with some exceptions:

• Once the trespasser’s presence is known or should be known, an owner has a duty not to 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 do not have to fix the condition, but do have to warn against it.
• 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 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, 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 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 protecting the child from the danger was relatively low

If you are unsure about whether the possessor of the property owed you a duty of care and breached it, your experienced premises liability lawyer at Burger Law will answer any questions you may have for free. Speak to a premises liability lawyer in Rockford, IL about your case now at (618) 500-HURT or complete online form.

Common Premises Liability Injuries in Rockford, IL

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

Insurance companies fight back hard against premises liability claims. They may say that your injuries are your fault, or say that the possessor did not owe you a duty of care. An experienced premises liability lawyer in Rockford, IL like those at Burger Law will not let that happen. A premises liability lawyer in Rockford, 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 determine who is at fault
• Gather 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 a property owner or manager failed in their duty of care
• Determine how much your claim is worth, including your medical expenses, wages you lost from time off work recovering, lost earning capacity, pain and suffering and emotional distress, to ensure you get the best compensation 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 any point in the process
• Take the fight to trial if we cannot get you the fair financial recovery you are owed in negotiations

We have earned both our distinguished reputation and our clients’ great recoveries through hard work extraordinary ethics and a “never back down” frame of mind. We start working on your case right away and do not give up until you are paid.

Resources For Your Premises Liability Claim in Rockford, IL

Most of our clients have never had to deal with making an injury claim before, and are not sure how to proceed, or even how to know which lawyer to hire. Fortunately, we have literally written the book on essential questions to ask before picking a lawyer or settling your case, which you can download at no cost below.

We also provide a variety 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 Rockford, IL Premises Liability Claims?

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

At Burger Law, we fight for the rights of people seriously injured in a variety of premises liability claims in Rockford, 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.

Rockford, IL Premises Liability Lawyer: Frequently Asked Questions

How Much is My Premises Liability Claim Worth?

The true value of your claim depends on the specifics of your claim:

• The severity of your injuries and how much they have affected you financially, physically and mentally
• If your injuries led to permanent disability
• Whether you will need further surgeries or other medical expenses down the road
• Whether or not you contributed to your injuries
• The insurance coverage’s policy limits, and whether there is more insurance available

Your Rockford, IL premises liability lawyer at Burger Law will not accept anything but full compensation 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 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 portion of the blame you do not share.

Meaning, if a jury awards you $100,000 in damages, but finds that you share 30 percent of the fault 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 cannot make a recovery in Rockford, 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 Rockford, IL?

In Illinois, the statute of limitations is shorter than most states at two years, 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 noteworthy exceptions:

1. If you were a minor at the time of the injury, you have two years to file a claim after your 18th 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.”

Following an injury that happened because of somebody else’s negligence, 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 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 insurance company. While the notion of “suing” a family member or friend is nothing anyone wants to think about, in reality you are merely 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 File a Claim Against the State of Illinois or Another Government Entity in Rockford, 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 responsibility to remedy dangerous conditions on public lands, such as sidewalks or libraries, as any other property owner would be.

Instead of a two-year statute of limitation, claims against Illinois 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 capable premises liability lawyer, you can ensure everything goes smoothly.

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

Property owners and their insurance companies often do not want to pay for their negligence. 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 demand nothing but the highest compensation, and offer nothing but the highest quality legal advocacy. Speak to a Burger Law Rockford, IL premises liability attorney today at 312-500-HURT or fill out our online contact form for a no-obligation, no-risk consultation.