Premises Liability Lawyer in Stockton, IL

Premises liability lawyer in Stockton, IL. If you were seriously hurt on someone else’s property, you are owed compensation under the law. Call the Stockton, IL personal injury lawyers of Burger Law at (618) 500-HURT or fill out our online form for a no-risk, no-obligation consultation.

If you were injured because a property owner did not keep their property safe in Stockton, IL, see what the value of your injuries may be by using our free personal injury calculator.

If you were injured by a hazardous property condition, get medical attention right away. Then, contact Burger Law. Our attorneys have over 80 years of combined litigation experience holding negligent people in Stockton, IL responsible for their actions. 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 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 demand that you receive it. To date, we have gotten over $200 million in compensation for the injured in a wide range of personal injury cases. Let us handle the legal battle so you can focus on your physical recovery. Speak to a Burger Law Stockton, IL premises liability lawyer immediately at (618) 500-HURT for a free case evaluation.

Recognized Leaders in Premises Liability Claims

To ensure you get full compensation, you need to put your case in the capable hands of a premises liability lawyer who has earned the respect of the Stockton, IL legal community and knows how to get results. 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 many awards, honors and accolades Burger Law has received from the Stockton, IL legal community 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 American Bar Association accredited certification board.

Any premises liability lawyer can say they know how to handle your case, but having a demonstrated track record of success is another matter entirely. Click on the links below to read about our previous premises liability results:

• $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

Elements in an Illinois Premises Liability Case

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 foreseeable injuries because of dangerous conditions on the property, by either repairing the hazard or by warning guests that its there. This includes hazards that they either explicitly knew about or should have been aware of. If the hazard was “open and obvious,” for instance, 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 are:

• Spills that are not mopped up or are not marked with a warning sign
• Broken pavement
• Loose railings
• Unsecured flooring
• Unsecured wiring
• Damaged steps
• Faulty doors
• Slippery surfaces due to ice, snow, or water
• Uneven walking surfaces
• Poorly designed or repaired playground equipment
• Bad building craftsmanship
• Insufficient lighting
• Falling debris
• Broken locks or insufficient security measures
• Pools without barriers or lifeguards on duty
• Aggressive animals
• Poor electrical wiring

If you were not using the property in a reasonable way, for example, “goofing off” or being on a part of the premises 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 Stockton, IL, you must prove 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 exceptions to the “open and obvious” doctrine:

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 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 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 include 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 apparent, 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 worker who fell because of slippery surfaces near a dumpster. The hazard 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 waste.

Types of Visitors in Stockton, IL Premises Liability Claims

The extent of the duty the possessor owes you depends on what kind 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 people who go to a sporting event. An invitee can also be someone on property open to the public.

A licensee is someone who is allowed to be on the premises, but not for the express financial benefit of the possessor. Common examples include social guests, a utility company employee working on your property, someone you let hunt on your property for free or someone stopping into a store just to ask for directions.

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, invitees and licensees have the same protections under the law.

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 protect trespassers, 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 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 that activity could harm a trespasser, they have a duty to try to avoid injuring the trespasser.
• Under the common law concept of attractive nuisance, in some states, property owners can be held strictly liable – or automatically liable – if a dangerous condition entices a child onto the property and injures them. Examples of an attractive nuisance include swimming pools, trampolines, 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 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 could reasonably expect a child may come onto the premises,
  • The nuisance could cause harm to 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 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 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 Stockton, IL about your case immediately at (618) 500-HURT or fill in online form.

Common Premises Liability Injuries in Stockton, IL

We have gotten maximum compensation for our Stockton, IL clients with a wide range of premises liability injuries, 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 Stockton, IL Do For My Claim?

Premises liability claims are strongly defended against by Stockton, IL insurance companies. They may try to blame you for your injuries, or say that the property owner or manager did not owe you a duty of care. An experienced premises liability lawyer in Stockton, IL like those at Burger Law will not let that happen. A premises liability lawyer in Stockton, 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 liable
• Obtain evidence such as depositions from witnesses and others who know of the dangerous condition, accident reports, photographs, security footage and depositions from expert witnesses
• Identify how a property owner or manager neglected their duty of care
• Quantify the full extent of your damages, including your medical expenses, lost wages, lost earning potential, 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 minimize your claim
• Negotiate with the insurance adjuster on your behalf
• Keep you up-to-date on the status of your case
• Take the fight in front of a judge and jury if the insurance company refuses to be fair in negotiations

We have earned both our exceptional reputation and our clients’ great recoveries through hard work diligence 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 to Help With Your Premises Liability Claim in Stockton, 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, 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 by providing your information below.

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

At Burger Law, we have had success in a variety of premises liability claims in Stockton, 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 deserve to be compensated, no matter where or how the accident happened. We will ensure you get it.

Stockton, IL Premises Liability Lawyer: Frequently Asked Questions

How Much is My Premises Liability Claim Worth?

How much your injuries are worth depends on the particulars of your injuries:

• The severity of your injuries and how much they have affected your life
• If your injuries resulted in permanent 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 Stockton, 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 Accident?

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 fault for your injury, you will receive $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 are more than half to blame for the accident, you cannot make a recovery in Stockton, 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 Stockton, 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 noteworthy 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.

Following an injury that happened because of somebody else’s negligence, there is no time to wait. You only have one chance to receive full compensation, and the clock is already ticking. Do not delay, 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 injured at a friend or family member’s property, you should still seek compensation from their homeowner’s insurance. While the notion of “suing” a family member or friend is awkward at best, the truth is you are just insisting that their insurance cover the expenses related to your injuries as they are supposed to. 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 a Local Municipality in Stockton, 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 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 property, such as roads or libraries, as a homeowner or business owner would be.

Instead of having two years to make a claim, claims against Illinois 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 an experienced premises liability lawyer, you can ensure everything goes smoothly.

In addition to premises liability, other claims we take on in Stockton, 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 Stockton, 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 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. Speak to a Burger Law Stockton, 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!

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