Premises Liability Lawyer in Waterloo, IL

Premises liability lawyer in Waterloo, IL. If you or someone you love were seriously injured because a property owner or manager did not protect you from unreasonable hazards, you are owed compensation under the law. Call the Waterloo, IL personal injury lawyers of Burger Law at (618) 500-HURT or contact us online for a no-risk, no-obligation case review.

If you were injured through no fault of your own in Waterloo, IL, see how much your injuries may be worth by filling out our free personal injury calculator.

If you were injured by a dangerous property condition, seek medical treatment immediately. Then call Burger Law. Our firm has over 30 years of litigation experience holding negligent people in Waterloo, IL responsible for their actions. 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 secured more than $200 million in compensation for the injured in a wide variety of personal injury claims. Let us handle the legal battle so you can focus on healing. Reach out to a Burger Law Waterloo, IL premises liability lawyer today at (618) 500-HURT for a free case review.

Award-Winning Premises Liability Lawyers That Get Results

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 Waterloo, 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 their previous victories, 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 significant achievement awarded to not more 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 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. Less than 4 percent of all practicing lawyers 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 victories:

• $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 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 Case

Understanding Illinois Premises Liability Laws

Under The Illinois Premises Liability Act, the owner or occupier of a land typically has a duty of reasonable care to keep visitors from unreasonable injuries due to dangerous conditions on the property, by either repairing the hazard or by warning guests that its there. This includes dangerous conditions that they either explicitly knew about or should have been aware of. If the dangerous condition was “open and obvious,” for example, open flames, you may not be able to make a claim.

Examples of a known hazard are:

• Wet spots on floors that are not cleaned up or are not warned against
• Broken pavement
• Loose railings
• Unsecured flooring
• Unsecured extension cords
• Damaged steps
• Broken or malfunctioning doors
• Snow or black ice
• Uneven walking surfaces
• Poorly designed or repaired playground equipment
• Poor building craftsmanship
• Poor lighting
• Falling debris
• Broken locks or inadequate security measures
• Pools without barriers or lifeguards on duty
• Vicious 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 property owner or manager usually does not owe you a duty of care.

To prove a premises liability claim in Waterloo, 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 ruled that the state would apply a “distraction exception.” If an owner thinks you may not appreciate a hazard 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 promoting their sales, and you tripped because you were not looking at the ground, the distraction exception may apply. The exception does not apply distractions that are your fault, such as looking at your phone.
2. The “Deliberate Encounter” ExceptionThe second exception is when the hazard may be easily discovered, 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 the person in charge of a property owed a duty of care to a worker who fell because of slippery surfaces near a dumpster. The hazard was known to the injured man, but because the man had to empty the dumpster as part of his employment, the owner should have anticipated that the man would encounter the waste.

Types of Visitors in Waterloo, IL Premises Liability Claims

How much responsibility the property owner or manager owes you depends on what type 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 patrons at a bar or people who go to a amusement park. 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 either for their own benefit or the benefit of neither. Common examples include social guests, a utility technicians performing work on your property, someone you let hunt on your property for free or someone who goes into a restaurant only to use the bathroom.

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 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 a few exceptions:

• If a property owner knows or should know that a trespasser is on the premises, they cannot deliberately harm the trespasser.
• If an owner knew there was a man-made structure that could cause serious bodily injury or death, and the owner knew or should have known of a trespasser’s presence, they do not have to fix the condition, but have a duty to warn against it.
• If the owner is conducting activities, for example yard work, 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 dangerous condition entices a child onto the property and injures them. Examples of an attractive nuisance include swimming pools, playground equipment, 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, the child and their family would have a general negligence claim. To have a successful attractive nuisance claim, you must demonstrate:
  • The owner could reasonably expect 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 do not know what type of visitor you were at the time of the accident, your knowledgeable premises liability lawyer with 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 Waterloo, IL about your claim now at (618) 500-HURT or complete online form.

Common Premises Liability Injuries in Waterloo, IL

We have gotten maximum compensation for our Waterloo, IL clients with a wide range 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 Waterloo, IL Help Me?

Premises liability claims are strongly defended against by Waterloo, IL insurance companies. They may say that your injuries are your fault, or say that the possessor did not owe you a duty of care. An aggressive premises liability lawyer in Waterloo, IL like those at Burger Law will not let them get away with it. A premises liability lawyer in Waterloo, 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:

• Perform a complete investigation into the circumstances surrounding your injuries and determine who is liable
• Obtain evidence such as employee and eyewitness testimony, accident reports, photographs, video surveillance and expert testimony
• Determine how a property owner or manager neglected their duty of care
• Compute the full extent of your damages, including your medical expenses, lost wages, lost earning capacity, pain and suffering and mental anguish, to make sure you get the best compensation possible
• Resist 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 time
• Take the fight to trial if the insurance company refuses to be fair in negotiations

We have earned both our stellar reputation and our clients’ great recoveries through tenacity diligence and a “never back down” mentality. We start working on your case right away and do not give up until you get the full compensation you deserve.

Resources For Your Premises Liability Case in Waterloo, IL

Most people who come to us have never had to deal with making an injury claim before, and are not sure how to go about making their claim, or even how to the right attorney for their case. Fortunately, we have literally written the book on essential questions to ask before picking a lawyer or settling your case, which you can download for free by providing your name and email below.

We also provide a number of 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 Waterloo, IL Premises Liability Claims?

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

At Burger Law, we have gotten great results in a wide range of premises liability claims in Waterloo, 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. We will ensure you get it.

Waterloo, IL Premises Liability Lawyer: Frequently Asked Questions

How Much is My Premises Liability Claim Worth?

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

• The extent of your injuries 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 Waterloo, 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 Accident?

You can still make a claim for 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 portion of the blame you do not bare.

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

Meaning, if you are over half to blame for the accident, you cannot make a recovery in Waterloo, 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 Waterloo, 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 a minor when the injury occurred, 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, there is no time to wait. You only have one opportunity to receive full compensation, and the clock is already ticking. Do not hesitate, call us as soon as possible 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 house, you should still file a claim with their homeowner’s insurance. While the idea 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. 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 Waterloo, 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 duty to warn against or fix dangerous conditions on public lands, such as roads or libraries, as a homeowner or business owner would be.

Instead of having two years to make a claim, claims against the government must be made within one year of the accident. There are also special rules for filing your claim with the State Attorney General and Clerk of the Court of Claims. By contacting an experienced premises liability lawyer, you can ensure everything goes smoothly.

In addition to premises liability, other claims we take on in Waterloo, IL include:

• Survival Action Lawyer in Illinois
• 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 Waterloo, IL Today

Property owners and their insurance companies often do not want to take responsibility 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 best possible compensation, and offer nothing but the highest quality legal advocacy. Speak to a Burger Law Waterloo, IL premises liability attorney today at 312-500-HURT or fill out our online contact form to discuss your case at no cost to you.

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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