Premises Liability Lawyer in Streator, IL

Premises liability lawyer in Streator, IL. If you were seriously injured on someone else’s property, you are owed compensation under the law. Call the Streator, IL personal injury lawyers of Burger Law at (618) 500-HURT or contact us online for a free case evaluation.

If you were injured through no fault of your own in Streator, IL, discover what the value of your claim may be by filling out 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 getting maximum compensation for our clients in Streator, 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 a big one; once you agree to a settlement or get a jury decision, you can never seek compensation 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 more than $200 million in verdicts and settlements for our clients in a wide range of personal injury claims. Let us deal with the insurance company so you can focus on healing. Speak to a Burger Law Streator, IL premises liability lawyer now at (618) 500-HURT for a free case review.

Award-Winning Premises Liability Lawyers That Deliver

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 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 numerous 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 lawyers 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.

Any premises liability lawyer can say they know how to handle your case, but having a proven 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 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 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?

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 keep visitors from foreseeable injuries because of dangerous conditions on the property, by either fixing the hazard or by warning guests that its there. This includes dangerous conditions that they either explicitly knew about or should have known about. If the hazard was “open and obvious,” for example, a massive hole in the floor, a property owner generally does 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 warned against
• Broken pavement
• Loose railings
• Unsecured flooring
• Unsecured cables
• Broken stairs
• Broken or malfunctioning doors
• Snow or black ice
• Uneven walking surfaces
• Poorly designed or repaired playground equipment
• Poor building craftsmanship
• Insufficient lighting
• Falling debris
• Broken locks or inadequate security measures
• Pools without barriers or lifeguards on duty
• Unrestrained animals
• Poor electrical wiring

If you were not using the property in a reasonable way, for example, sliding down a banister or being on a part of the property you were not allowed to be on, the person in control of the property typically does not owe you a duty of care.

To prove a premises liability claim in Streator, 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

Are There Any Exceptions to 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 you may be distracted by something else on the property, they still owe you a duty of reasonable care. For example, if a grocery 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 make a recovery. The exception does not apply self-created distractions, such as looking at your phone.
2. The “Deliberate Encounter” ExceptionThe second exception is when the danger 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 ruled that the person in charge of a property owed a duty of care to a worker who slipped on slippery surfaces 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 Streator, IL Premises Liability Claims

How much responsibility the possessor owes you depends on what kind of visitor you are. Illinois law differentiates between three types 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. People on public land, such as libraries or parks, are also considered invitees.

A licensee is someone who is allowed to be on the premises, but not for business purposes. Common examples include social guests, a utility company working on your property, someone you let hunt on your property at no cost or someone stopping into a restaurant only to ask for directions.

The duty of care owed to invitees and licensees used to be different in Illinois. However, since the current Illinois Premises Liability Act was passed 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 states that owners owe no duty to a trespasser, 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 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 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 dangerous condition entices a child onto the property and injures them. Common attractive nuisances 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 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 show that:
  • The owner had reason to believe a child may come onto the property,
  • The nuisance could cause harm to 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 with Burger Law will answer any questions you may have for free. Speak to a premises liability lawyer in Streator, IL about your injuries immediately at (618) 500-HURT or fill in online form.

Common Premises Liability Injuries in Streator, IL

We have gotten maximum compensation for our Streator, IL clients with a variety of injuries sustained on someone else’s property, including:

• Fractures
• Back, neck and spine injuries
• Concussions and other traumatic brain injuries
• Burns
• Electric shocks
• Joint injuries

How Can a Premises Liability Lawyer in Streator, IL Help Me?

Premises liability claims are vigorously defended against by Streator, 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 Streator, IL like those at Burger Law will not let them get away with it. A premises liability lawyer in Streator, 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
• Gather evidence such as depositions from witnesses and others who know of the dangerous condition, accident reports, pictures, security footage and expert testimony
• Identify how the person in control of the property did not take reasonable steps to ensure their property was safe
• Determine the full extent of your damages, including your medical expenses, lost wages, lost earning capacity, pain and suffering and emotional distress, to make sure you get the most amount of money possible
• Fight back against dishonest tricks from the insurance adjuster 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 the insurance company will not be fair in negotiations

We have earned both our exceptional reputation and our clients’ great recoveries through tenacity 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 Streator, 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 the essential questions for a personal injury claim, which you can download at no cost by providing your name and email below.

We also provide 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 Streator, IL Premises Liability Claims?

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

At Burger Law, we have gotten great results in a wide range of premises liability claims in Streator, 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 the circumstances. Never believe an insurance adjuster or property owner when they say they do not have to pay you.

Streator, IL Premises Liability Lawyer: Frequently Asked Questions

How Much Can I Receive in Compensation?

The true value of your claim depends on the particulars of your accident:

• The severity of your injuries and how much they have affected your life
• If your injuries resulted in permanent consequences
• Whether you will need further surgeries or other medical expenses in the future
• Whether or not you are partially to blame for your injuries
• The insurance coverage’s policy limits, and whether there is more coverage available

Your Streator, IL premises liability lawyer at Burger Law will be able to ensure that no money is left on the table when securing your settlement or jury verdict.

What if I Was Partially to Blame for My Injuries?

You can still make a claim for compensation, although the amount will be less. Illinois is a modified contributory fault state, which means that you will be compensated for the portion of the fault you do not share.

Meaning, if a jury awards you $100,000 in damages, but finds that you share 30 percent of the blame for your injury, 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.

That means that if you are over 50 percent to blame for the accident, you will not be able to recover any compensation in Streator, 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 Streator, 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 under 18 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 chance to receive full compensation, and the clock is already ticking. Do not delay, call us as soon as possible 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 house, 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 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 Streator, 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 roads or parks, 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 accident. There are also special instructions for filing your claim with the State Attorney General and Clerk of the Court of Claims. By contacting a knowledgeable premises liability lawyer, you can ensure your claim is filed correctly.

In addition to premises liability, other claims we take on in Streator, 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 Streator, 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 financial recovery, and offer nothing but the highest quality legal advocacy. Speak to a Burger Law Streator, IL premises liability attorney today at 312-500-HURT or fill out our online contact form for a no-obligation, no-risk case review.

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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