Premises Liability Lawyer in Vermilion County, IL

Premises liability lawyer in Vermilion County, IL. If you or someone you love were seriously hurt on someone else’s property, you are owed compensation under the law. Call the Vermilion County, IL personal injury lawyers of Burger Law at (618) 500-HURT or fill out our online form to be made whole again.

If you were injured because someone else was negligent in Vermilion County, IL, see how much your case may be worth by using our free personal injury calculator.

If you were injured by a property owner or manager’s negligence, seek medical care right away. Then, speak to Burger Law. Our firm has over 30 years of litigation experience getting maximum compensation for our clients in Vermilion 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 an important one; you only have one opportunity to get a full financial recovery for your accident. You deserve it, and we will demand that you get it. Over our 30 years of practice, we have secured more than $200 million in compensation for our clients in a wide range of personal injury claims. Let us work for your financial recovery so you can focus on healing. Call a Burger Law Vermilion County, IL premises liability lawyer immediately at (618) 500-HURT for a free consultation.

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 Vermilion County, IL legal community and knows how to get results. 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 the Vermilion County, IL legal community include:

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a significant 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 lawyers 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 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

Elements in an Illinois Premises Liability Claim

According to The Illinois Premises Liability Act, the owner or occupier of a land typically has a duty of reasonable care to protect people legally on their property from unreasonable injuries because of dangerous conditions on the premises, by either repairing the hazard or by warning of its existence. 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, a massive hole in the floor, you may not be able to make a claim.

Examples of a dangerous condition are:

• Wet spots on floors that are not cleaned up or are not marked with a warning sign
• Broken pavement
• 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 repaired playground equipment
• Poor building craftsmanship
• Insufficient lighting
• Falling debris
• Broken locks or inadequate 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 property you were not allowed to be on, the person in control of the premises generally does not has a responsibility to keep you from harm.

To prove a premises liability claim in Vermilion County, IL, you must demonstrate 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 ruled that the state would apply 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 retail store has signs 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 receive compensation. 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 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 ruled that a property owner owed a duty of care to a man who slipped on slippery material near a dumpster. The hazard 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 Vermilion County, IL Premises Liability Claims

The extent of the duty the property owner or manager owes you depends on why you were on the property. In Illinois, there are three types of visitors:

Invitees and Licensees

Invitees are people that are on the premises for business purposes, 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 who is allowed to be on the premises, but not for business purposes. Common examples include friends over a party, a utility company employee working on your property, someone you let hunt on your land at no cost or someone stopping into a store just 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 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 premises against a possessor’s wishes. Because the possessor did not invite them to 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 purposefully injure the trespasser.
• 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 construction, 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 are 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 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, 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 premises,
  • The nuisance could injure a child
  • A child would likely not understand the danger, and
  • The cost of remedying the danger or restricting access was relatively low

If you are unsure what your visitor status was when you were injured, your knowledgeable premises liability lawyer at Burger Law will discuss your case with you for free. Talk to a premises liability lawyer in Vermilion County, IL about your injuries now at (618) 500-HURT or fill in online form.

Common Premises Liability Injuries in Vermilion County, IL

We have gotten great results for our Vermilion 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
• Joint injuries

How Can a Premises Liability Lawyer in Vermilion County, 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. An experienced premises liability lawyer in Vermilion County, IL like those at Burger Law will not let them get away with it. A premises liability lawyer in Vermilion 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 the circumstances surrounding your injuries and determine who is liable
• Obtain evidence such as employee and eyewitness testimony, accident reports, pictures, security footage 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
• Quantify how much your claim is worth, including your medical expenses, lost wages, lost earning potential, pain and suffering and mental anguish, to ensure you get the most amount of money possible
• Fight back against dishonest tactics from the insurance company trying to minimize your payout
• Negotiate a settlement with the insurance company
• Keep you up-to-date on the status of your case
• Take the fight in front of a judge and jury 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 tenacity diligence and a “never back down” frame of mind. We do not stop fighting until there is nothing left to fight.

Resources to Help With Your Premises Liability Case in Vermilion County, IL

Most of our clients have never had to deal with making an injury claim before, and do not know how to proceed, or even how to know which lawyer to hire. Fortunately, we have literally written the book on the essential questions for a personal injury claim, which you can download at no cost by providing your information below.

We also provide numerous 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 Vermilion County, IL Premises Liability Claims?

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

At Burger Law, we have gotten great results in a variety of premises liability claims in Vermilion 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 possessor’s negligence, you need to be compensated, no matter where or how the accident happened. Never believe an insurance company or property owner when they say they do not have to pay you.

Vermilion County, IL Premises Liability Lawyer: Frequently Asked Questions

How Much Can I Receive in Compensation?

How much your claim is depends on the specifics of your injuries:

• How serious your injuries are and how much they have affected you financially, physically and mentally
• 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 Vermilion County, 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 the amount will be less. 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 a jury awards you $100,000 in damages, but finds that 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 share more of the blame than the other party, you cannot make a recovery in Vermilion 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 Vermilion County, 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 a couple of notable exceptions:

1. If you were a minor when the injury occurred, you have two years to file a claim after your 18th birthday.
2. If you were under a “legal disability” when the injury occurred, you have two years from the date the disability was “removed.”

Following an injury that happened because of somebody else’s negligence, there is no time to wait. You only have one chance to get a full financial recovery, and the countdown has already started. Do not hesitate, call us now at 312-500-HURT.

What if I Was Injured at a Friend or Family Member’s House?

If you were injured as a guest in somebody else’s home, you should still file a claim with their insurance company. While the thought of “suing” someone you love is awkward at best, in reality the reason we pay into insurance is to keep ourselves and those we love safe in the unfortunate event of an injury. 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 Vermilion County, IL for Premises Liability?

Generally, the Illinois State Lawsuit Immunity Act gives immunity to government entities. 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 responsibility to remedy dangerous conditions on public lands, such as sidewalks or parks, as a homeowner or business owner would be.

Instead of having two years to make a claim, claims against Illinois must be filed within one year of the injury. 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 everything goes smoothly.

In addition to premises liability, other claims we take on in Vermilion 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 Vermilion County, 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 demand nothing but the best possible financial recovery, and offer nothing but the highest quality legal advocacy. Call a Burger Law Vermilion County, IL premises liability attorney today at 312-500-HURT or fill out our online contact form for a free 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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