Premises Liability Lawyer in Wood Dale, IL

Premises liability lawyer in Wood Dale, IL. If you were seriously injured on someone else’s property, you are owed compensation under the law. Call the Wood Dale, 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 because a property owner did not keep their property safe in Wood Dale, IL, learn what the value of your injuries may be by using our free personal injury calculator.

If you were injured because of a property owner’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 Wood Dale, IL. 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 a big one; you only have one chance to get the best possible compensation for your accident. You deserve it, and we will demand that you receive it. To date, we have gotten more than $200 million in compensation for the injured in a wide variety of personal injury cases. Let us work for your financial recovery so you can focus on your physical recovery. Reach out to a Burger Law Wood Dale, IL premises liability lawyer immediately at (618) 500-HURT for a free case review.

Award-Winning Premises Liability Lawyers Know How to Win

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 Wood Dale, IL legal community and knows how to get results. In order to gauge the abilities of an injury 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 the Wood Dale, 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 lawyers in the United States
• 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 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 attorneys 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. Click on the links below to read about our previous premises liability victories:

• $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 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

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 keep people legally on their property from foreseeable injuries because of dangerous conditions on the property, by either fixing the dangerous condition 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, sharp edges on machinery or equipment, you may not be able to make a claim.

Examples of a dangerous condition can include:

• Wet spots on floors that are not mopped up or are not warned against
• Broken pavement
• Loose railings
• Unsecured flooring
• Unsecured extension cords
• Damaged stairs
• Faulty 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, sliding down a banister or being on a part of the property that was roped off, the property owner or manager typically does not owe you a duty of care.

To prove a premises liability claim in Wood Dale, 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 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 should predict that you may not see the danger because another aspect of the premises may be distracting, they still owe you a duty of reasonable care. For example, if a retail store has posters on the wall promoting their sales, and you fell over an “obvious” condition because you were looking at them, 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 instance in which “open and obvious” does not apply is when the danger 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 condition was easy to see, but as it was the man’s job to empty the dumpster, the owner should have anticipated that the man would encounter the waste.

Types of Visitors in Wood Dale, IL Premises Liability Claims

How much responsibility the property owner or manager owes you is based 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 the property owners’s financial benefit, for example patrons at a bar or people who go to 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 not for business purposes. Common examples include friends over for dinner, a utility technicians working on your property, someone you let hunt on your land for free or someone stopping into a store just to ask for directions.

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 was passed on September 12, 1984, invitees and licensees have the same protections under the law.

Trespassers

A trespasser is someone who enters a property without consent of the owner or manager. Because the possessor did not invite them to the premises, the Illinois Pattern Jury Instructions states that owners owe no duty to a trespasser, 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 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 principle 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. Common attractive nuisances include swimming pools, playground equipment, dangerous or unsecured animals or construction sites. 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 make a premises liability claim for a child under attractive nuisance, you must show that:
  • The owner could reasonably expect a child may come onto the premises,
  • The nuisance could cause harm to a child
  • A child would not be expected to understand the danger, and
  • The cost of protecting the child from the danger was relatively low

If you are unsure what your visitor status was when you were injured, your experienced 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 Wood Dale, IL about your injuries now at (618) 500-HURT or complete online form.

Common Premises Liability Injuries in Wood Dale, IL

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

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

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

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

• Carry out a complete investigation into your accident and ascertain who is at fault
• Gather evidence such as employee and eyewitness testimony, accident reports, photographs, security footage 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, wages you lost from time off work recovering, lost earning capacity, pain and suffering and mental anguish, to ensure you get the most amount of money possible
• Fight back against dishonest tricks from the insurance adjuster trying to avoid paying you
• Negotiate with the insurance adjuster on your behalf
• Keep you up-to-date on the status of your case
• Take the case in front of a judge and jury if the insurance company will not be fair in negotiations

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

Resources For Your Premises Liability Case in Wood Dale, IL

Most of our clients 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 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 for free 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 Wood Dale, IL Premises Liability Claims?

Types of Premises Liability Claims We See Most Often in Wood Dale, IL

At Burger Law, we fight for the rights of people seriously injured in a variety of premises liability claims in Wood Dale, 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 a full financial recovery, no matter the circumstances. Never believe an insurance adjuster or property owner when they say they do not have to pay you.

Wood Dale, IL Premises Liability Lawyer: Frequently Asked Questions

How Much is My Premises Liability Claim Worth?

The true value of your claim depends on the specifics of your claim:

• How serious your injuries are and how much they have affected your life
• If your injuries led to long-lasting disability
• Whether you will need further surgeries or other medical expenses down the road
• 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 Wood Dale, 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 what is considered 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 accident, 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 are more than 50 percent to blame for the accident, you will not be able to recover any compensation in Wood Dale, 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 Wood Dale, 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 notable 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.

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

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

If you were injured at a friend or family member’s property, you should still file a claim with their insurance company. While the thought of “suing” a family member or friend is nothing anyone wants to think about, the truth is 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 Wood Dale, 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 property, such as sidewalks or parks, as a homeowner or business owner would be.

Instead of a two-year statute of limitation, claims against a government entity in Wood Dale, IL must be made 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 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 Wood Dale, 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 Wood Dale, 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 standard of legal advocacy. Call a Burger Law Wood Dale, IL premises liability attorney today at 312-500-HURT or fill out our online contact form for a no-obligation, no-risk case evaluation.

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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