Premises Liability

Holding Chicago Property Owners Accountable for Your Injuries

Chicago premises liability lawyer representation can make a crucial difference when you’ve been injured due to unsafe property conditions. At Rosenfeld Injury Law, we’ve spent decades fighting for victims in Chicago and have recovered over $450 million for our clients.

We have the experience, resources, and determination to take on even the most complex premises liability claims. Below are examples of the settlements we’ve secured for injured clients:

• $3,000,000: Drowning claim for the family of a toddler who lost their life at a neighborhood swimming pool managed by a homeowners association.
• $1,900,000: Wrongful death settlement involving an elderly man who died after falling down several flights of stairs on a person’s property.
• $1,800,000: Financial recovery for a pedestrian struck by falling brick from a local business.

If you’re ready to discuss your case and find out how we can help, contact Rosenfeld Injury Law today for a free consultation.

Types of Premises Liability Cases We Handle

We handle a variety of premises liability claims to ensure that personal injury victims receive the justice they deserve. Some of the types of premises liability claims we handle include:

• Dog Bite: If you’ve sustained serious injuries from a dog bite, our Chicago dog bite lawyers will fight for your rights against negligent pet owners.
• Slip and Fall Accidents: Our Chicago slip and fall accident attorneys can help you seek fair compensation if you’ve been injured due to unsafe conditions.
• Drowning Accident: Our drowning accident lawyers in Chicago support families affected by drowning incidents in public or private pools, holding pool owners accountable for inadequate safety measures.
• Chicago Falling Merchandise: If you’ve been hurt by items falling from store shelves, our Chicago falling merchandise lawyers will work to hold retailers responsible.
• Deck Collapse: Our deck collapse legal team in Chicago handles cases involving injuries from deck collapses, ensuring proper liability is assigned to negligent property owners.
• Defective Fire Alarm: If a faulty fire alarm has put you or your loved ones in danger, our defective fire alarm lawyers in Chicago will pursue claims for manufacturers’ and property owners’ negligence.
• Ethylene Oxide: Our Chicago ethylene oxide lawsuit lawyers assist clients who have suffered health issues due to ethylene oxide exposure, focusing on accountability for improper use or safety violations.
• Hotel Accident: If you’ve experienced injuries while staying at a hotel, our Chicago hotel accident attorneys will advocate for your right to compensation from negligent property management practices.
• Hunting Accident: Our hunting accident attorneys in Chicago represent individuals injured during hunting activities, ensuring liable parties are held accountable.
• Zipline Injury: If you’re injured on a zipline due to someone else’s negligence, a dedicated Chicago zipline injury attorney will investigate and help you seek justice.
• Amusement Park Injury: Our Chicago amusement park injury attorneys handle claims involving injuries caused by unsafe rides or poor maintenance.
• Apartment Building Accident: Our Chicago apartment accident lawyers represent tenants injured by hazards like broken railings or inadequate security.
• Carbon Monoxide Poisoning: Our carbon monoxide poisoning legal team in Chicago assists victims of carbon monoxide poisoning in holding negligent landlords or property owners accountable.
• Chicago Dram Shop Liability: If you suffer injuries due to bars or restaurants over serving patrons, our Chicago dram shop liability lawyers are dedicated to holding those establishments liable.
• Chicago Elevator and Escalator Accident: Our Chicago elevator and escalator accident attorneys are experienced in cases where injuries occur.

Our team is committed to understanding your case and providing you with the dedicated representation you deserve.

The Illinois Premises Liability Law

In Illinois, public and private property owners have a duty of care to maintain a safe environment for individuals who are permitted to be on their property.

While the duty a property owner owes used to be broken down by the type of visitor—invitee, licensee, trespasser—The Illinois Premises Liability Act no longer breaks it down in this way. The premises liability law just distinguishes trespassers from people legally on a person’s property.

Exceptions—Trespassers and Children

Property owners’ duty of care does not extend to trespassers, meaning trespassers cannot sue for injuries. However, an exception exists for children under the doctrine of attractive nuisance. Property owners may be liable if a hazardous condition—such as an unsecured pool or broken trampoline—attracts and injures a child.

Degrees of Liability

Understanding the degrees of liability in premises liability claims is crucial, as they determine how courts assess property owner responsibility for injuries on their property.

• Ultra-Hazardous Activities – Absolute Liability: Property owners engaged in ultra-hazardous activities, like launching fireworks, are absolutely liable for resulting injuries.
• Hotels – Highest Degree of Care: Hotel and inn owners have a legal obligation to provide the highest standard of care for their guests.
• Property Owners – Reasonable and Ordinary Care: Landowners must take reasonable care to ensure guest safety.
• Duty Owed to Trespassers: Property owners must avoid intentionally or grossly harming trespassers.

Visitors’ Responsibilities and Modified Comparative Negligence

Illinois law requires visitors to take reasonable steps to ensure their own safety while on someone else’s property. If a visitor is partially at fault for an incident, modified comparative negligence applies.

For instance, if someone slips in a store despite a visible “Wet Floor” sign, they may share responsibility. The court assigns a percentage of fault to the individual, reducing their compensation.

How Our Chicago Premises Liability Attorneys Can Help

Here’s what you can typically expect from your premises liability attorney when you work with us:

• Free Consultation: We’ll discuss your case details during a no-cost consultation, giving you an opportunity to share your story and learn how we can assist.
• Comprehensive Investigation: Our team will collect key evidence, such as photos, medical records, and witness statements, to strengthen your case.
• Demand Letter: After understanding your situation, we’ll send a demand letter seeking compensation for your financial damages.
• Negotiations: We will work directly with the insurance companies to negotiate a fair settlement.
• Mediation: Mediation efforts will be pursued to resolve your case without needing a trial.
• Litigation: If necessary, we are prepared to take your case to court to seek the compensation you deserve.

If you have questions or need assistance, don’t hesitate to reach out to discuss your Chicago premises liability claim.

You Have Limited Time to File a Premises Liability Claim in Chicago

The statute of limitations is the time frame established by Illinois law, during which you can take legal action and file a civil lawsuit for personal injury claims. In Illinois, 735 ILCS 5/13-202 puts the deadline for premises liability claims, including cases involving death, at two years from the date of the injury.

Speaking with premises liability attorneys in Chicago as soon as possible is crucial to preserving evidence.

Core Elements of Premises Liability Cases

To build a strong premises liability claim in Chicago, four key elements must be established:

• Duty: Property owners must keep their premises safe for visitors. For instance, a restaurant in Lincoln Park must maintain clear walkways to prevent slips and falls.
• Breach: A breach occurs when a property owner fails to meet their duty of care. Neglecting to fix a broken step could be an example of this failure.
• Causation: If you slipped on that broken step and were injured, this proves that the property owner’s failure directly caused your injury.
• Damages: These include losses like medical bills, lost wages, and pain and suffering related to the injury.

Understanding these elements is crucial for anyone considering a premises liability claim in Chicago.

Proving Fault in a Premises Liability Case

To win a premises liability claim, the injured party must demonstrate the property owner’s negligence using a standard called “preponderance of the evidence.” This means showing that dangerous conditions or improper actions more likely than not caused the injury.

Types of Evidence Needed to Prove Fault

Evidence in these cases can come from various sources, including:

• Testimony: Statements from witnesses or experts who can speak to the dangerous conditions at the time of the incident.
• Documentary Evidence: This can include contracts, maintenance and inspection reports, emails, or relevant paperwork that support your claims.
• Visual Evidence: Photos or videos can visually document unsafe conditions or the scene of the accident.

Common Defenses in Illinois Premises Liability Cases

One common defense is arguing that the injured party was partially or entirely responsible for the incident. This may involve claims that the individual ignored warning signs, behaved recklessly, or entered restricted areas.

Understanding these factors can help you navigate your premises liability case more effectively.

Damages Awarded in Premises Liability Claims

In premises liability claims, the injured party can receive various types of damages to compensate for their losses. Common awards include medical bills, lost wages, and pain and suffering that result from the injury.

Additionally, punitive damages may be awarded in cases where the property owner acted with extreme negligence or intentional misconduct.

In wrongful death cases, survivors can seek compensation for medical expenses, loss of companionship, and emotional distress due to the tragic loss of a loved one.

Injuries Commonly Sustained in Premises Liability Accidents

An injured person can take legal action and file a lawsuit to recover compensation in a premises liability case for a wide range of injuries, including:

• Broken bones
• Lacerations
• Amputations
• Traumatic brain injuries
• Spinal cord injuries
• Burn injuries
• Fatalities

Why You Need a Chicago Premises Liability Attorney

A local attorney in Chicago is crucial for handling premises liability cases. Here’s why you need one:

• Knowledge of Local Building Codes: Chicago’s strict safety regulations can impact your case. A lawyer familiar with these codes can identify violations to support your claim.
• Filing Deadlines and Requirements: Legal procedures and deadlines vary by jurisdiction. An experienced attorney ensures all paperwork is filed accurately and on time.
• Courtroom Etiquette and Protocols: Courtroom standards differ, and a skilled attorney helps you navigate these procedures to present your case effectively.

Understanding these local procedures is vital for effectively presenting your case and maximizing your chance for a successful premises liability claim.

Chicago Premises Liability FAQs

What should I do if I get injured on someone else’s property?

Immediately seek medical attention for your injuries, and report the incident to the property owner or manager. Make a note of any details, such as witnesses or conditions that may have caused the injury. Then reach out to a premises liability attorney.

Do I have a case if I slip on a broken jar in a grocery store and get injured, but the store claims they’re not responsible due to delayed cleanup?

You may have a case if you can demonstrate that the store was negligent in maintaining a safe environment. Evidence showing the property owner knew of the spill or how long it was present can strengthen your claim.

Can I sue a shopping mall if I’m attacked in its parking lot and suffer injuries?

Yes, you can potentially sue the shopping mall if they failed to provide adequate security, and this contributed to your injury. The mall and other commercial properties generally have a legal responsibility to ensure the safety of visitors in all areas, including parking lots.

Do I need an expert witness to prove my premises liability case?

While it’s not always necessary, having an expert witness can help strengthen your case, especially if there are complex conditions or standards that need clarification. An expert can explain technical aspects related to property safety.

What should I do if a friend is seriously injured after slipping in my home, but I don’t believe I’m at fault?

Help your friend seek medical attention right away, especially if they sustained serious injuries, like a traumatic brain injury. Also, consult with legal representation to understand your liabilities and discuss any homeowner’s liability insurance coverage that may apply.

How can I determine if I have a valid slip-and-fall accident case before consulting an attorney?

Consider whether the property owner was aware of the dangerous property condition and failed to address it, or if it did not exist long enough for them to have noticed it. Documenting details of the incident will help you assess the strength of your case.

What should I do if a faulty light fixture injures me at a restaurant and their insurance company contacts me?

Do not make any statements to the insurance company until you’ve spoken with an attorney. Anything you say to the, they will likely try to use against you to reduce the value of your claim.

Would I still need an attorney if I’m injured at an outdoor event and the owner offers to pay?

Yes, it’s a good idea to consult with an attorney even if an owner offers to pay. If you accept money from them, you likely can’t follow a claim for more compensation in the future, which is problematic if you don’t properly calculate or account for all of your injuries and losses.

How much compensation can I expect from a premises liability claim?

Compensation amounts vary depending on the circumstances surrounding the accident, like the severity of your injuries, medical expenses, lost wages, and pain and suffering. An injury attorney can give you a better idea based on the specifics of your case.

Are government agencies exempt from premises liability lawsuits?

Generally, government agencies do have some immunity, which makes it harder to bring a premises liability lawsuit against them. However, it’s not impossible to file a claim against them. It’s best to consult an attorney to explore your options.

How much does it cost to hire a premises liability attorney?

Hiring our premises liability attorneys won’t cost you anything out of pocket. We work on a contingency fee basis, meaning we only receive a set percentage of the settlement or award you recover. If we don’t secure compensation for you, you owe nothing for our services.

Consult an Experienced Chicago Premises Liability Attorney Near You!

If you were injured on someone else’s property, it’s possible you could seek maximum compensation for your premises liability incident. Rosenfeld Injury Law has helped recover millions on behalf of clients through personal injury cases. Our personal injury lawyers in Chicago work on a contingency fee basis, so you do not have to pay anything upfront for our services.

Book a free consultation with a premises liability lawyer in Chicago by filling out our contact form or calling us toll-free at (888) 424-5757. Our Chicago premises liability law firm is available 24 hours a day to answer your call.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895

We also serve clients from Chicago, Decatur, Schaumburg, Rockford and throughout Illinois.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.