Premises Liability Lawyer in Sangamon County, IL

Premises liability lawyer in Sangamon County, IL. If you or someone you love were seriously injured because a property owner or manager was negligent, you are owed compensation under the law. Call the Sangamon County, IL personal injury lawyers of Burger Law at (618) 500-HURT or contact us online for a free consultation.

If you were injured because a property owner did not keep their property safe in Sangamon County, IL, discover how much your injuries may be worth by filling out our free personal injury calculator.

If you were injured because of a hazardous property condition, seek medical aid as soon as possible. Then, speak to Burger Law. Our firm has over 30 years of litigation experience getting maximum compensation for our clients in Sangamon County, IL. 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 a big one; once you agree to a settlement or get a jury decision, you can never make a claim 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 gotten over $200 million in compensation for the injured in a wide variety of personal injury claims. Let us work for your financial recovery so you can focus on healing. Call a Burger Law Sangamon County, IL premises liability lawyer now at (618) 500-HURT for a no-risk, no-obligation consultation.

Acclaimed Premises Liability Lawyers That Deliver

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 will not back down from a fight. In order to have a good understanding of the abilities of a law firm, you need to look at the cases they have won, 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 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 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. Less than 4 percent of all practicing lawyers are certified by an ABA accredited certification board.

Any premises liability lawyer can say they’ll fight for you, but proving they are qualified is another matter entirely. Click on the links below to read about our previous premises liability successes:

• $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 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 Is the Illinois Premises Liability Act?

Pursuant to 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 of its existence. That can mean hazards that they either explicitly knew about or should have discovered through reasonable diligence. If the dangerous condition was “open and obvious,” for instance, a clearly broken staircase, you may not be able to make a claim.

Examples of a dangerous condition can include:

• Spills that are not cleaned up or are not warned against
• Broken pavement
• Loose railings
• Unsecured flooring
• Unsecured wiring
• Broken steps
• Broken or malfunctioning doors
• Snow or black ice
• Uneven walking surfaces
• Poorly designed or maintained playground equipment
• Bad building craftsmanship
• Insufficient lighting
• Falling debris
• Broken locks or insufficient security measures
• Pools without fencing or lifeguards on duty
• Unrestrained animals
• Poor electrical wiring

If you were misusing the property, for example, sprinting through the property or being on a part of the property you were not allowed to be on, the property owner or manager usually does not owe you a duty of care.

To prove a premises liability claim in Sangamon County, 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 thinks you may not appreciate a hazard because another aspect of the premises may be distracting, 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 receive compensation. 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 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 a property owner owed a duty of care to a man who slipped on slippery surfaces near a dumpster. The danger was known to the injured man, but as it was the man’s job to empty the dumpster, the owner should have expected that the man would encounter the waste.

Types of Visitors in Sangamon County, IL Premises Liability Claims

The extent of the duty the possessor owes you is based on what category 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 premises with the permission of the owner or manager, but either for their own benefit or the benefit of neither. Common examples include social guests, a utility company working on your property, someone you let hunt on your property for free or someone stopping into a store just 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, 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 the trespasser is not supposed to be on the premises, the Illinois Pattern Jury Instructions does not require property owners to keep trespassers safe from unreasonable harm, 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 an artificial structure that could cause serious bodily injury or death, 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 construction, and knows there is a trespasser who could become injured by the activity, they have a duty to try to avoid injuring the trespasser.
• Under 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. Common attractive nuisances include swimming pools, playground equipment, abandoned wells 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 have a valid attractive nuisance claim, you must show that:
  • The owner had reason to believe a child may come onto the premises,
  • The nuisance could injure a child
  • A child would likely not understand the risks, and
  • The cost of remedying the danger or restricting access was relatively low

If you are unclear about whether the possessor of the property owed you a duty of care and were negligent, your experienced premises liability lawyer with Burger Law will answer any questions you may have for free. Speak to a premises liability lawyer in Sangamon County, IL about your case immediately at (618) 500-HURT or fill in online form.

Common Premises Liability Injuries in Sangamon County, IL

We have gotten maximum compensation for our Sangamon County, IL clients with a wide range of premises liability injuries, including:

• Fractures
• 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 Sangamon County, IL Do For My Claim?

Premises liability claims are vigorously defended against by Sangamon County, IL insurance companies. 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. An experienced premises liability lawyer in Sangamon County, IL like those at Burger Law will not let them get away with avoiding their obligation to compensate you. A premises liability lawyer in Sangamon County, 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 your accident and ascertain who is at fault
• Obtain 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 did not take reasonable steps to ensure their property was safe
• Compute how much your claim is worth, including your medical bills, 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 attempting to devalue your payout
• Negotiate a settlement with the insurance company
• Keep you up-to-date on the status of your case
• 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’ compensation through hard work 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 For Your Premises Liability Case in Sangamon County, IL

Most people who come to us have never had to seek compensation for an injury before, and are not sure how to go about making their claim, 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 at no cost below.

We also offer numerous 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 Sangamon County, IL Premises Liability Claims?

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

At Burger Law, we fight for the rights of people seriously injured in a variety of premises liability claims in Sangamon County, 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 injured on someone else’s property because of the owner or manager’s negligence, you deserve a full financial recovery, no matter where or how the accident happened. We will ensure you get it.

Sangamon County, 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 accident:

• How serious your injuries are and how much they have affected your life
• If your injuries led to long-lasting consequences
• Whether you will need future medical treatment
• Whether or not you are partially to blame for your injuries
• The insurance coverage’s policy limits, and whether there is more insurance available

Your Sangamon County, IL premises liability lawyer at Burger Law will be able to ensure that no money is left on the table when settling your claim.

Can I Still Receive Compensation if I Was Partially at Fault 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 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 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.

That means that if you share more of the blame than the other party, you cannot make a recovery in Sangamon County, 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 Sangamon County, 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 notable exceptions:

1. If you were under 18 at the time of the injury, you have until your 20th birthday.
2. If you were under 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 delay, call us now 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 file a claim with their homeowner’s insurance. While the idea of “suing” a family member or friend is awkward at best, in reality you are merely insisting that their insurance cover the expenses related to your injuries as they are supposed to. 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 Sangamon County, 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 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 roads or libraries, as any other property owner would be.

Instead of a two-year statute of limitation, claims against a government entity in Sangamon County, IL must be filed 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 your claim is filed correctly.

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

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