Chicago Premises Liability Lawyer

As a legal concept, premises liability is a type of personal injury claim stemming from an injury sustained on someone else’s property. 

However, not all serious injuries that happen on someone else’s property are eligible as premises liability claims. There has to be elements of negligence and a duty to properly maintain or warn that has been breached by the property owners.

The premises liability lawyers at Rosenfeld Injury Lawyers have worked with dozens of injured clients to recover compensation after serious injuries. Read on to learn more about how to file a premises liability claim with us and the factors impacting how much you are able to recover.

Types of Cases Our Chicago Premises Liability Attorneys Handle

Our premises liability attorneys in Chicago have experience working on a wide range of premises liability claims, including:  

• Escalator accidents
• Slip and fall accidents
• Apartment complex accidents
• Amusement park accidents
• Drownings 
• Dog bites 
• Exposure to toxic mold or asbestos 
• Unsafe or poorly maintained structures

The Illinois Premises Liability Law

In Illinois, commercial property owners have a duty of reasonable care that changes based on the type of visitor. Invitees are people who have been invited onto a person’s property for business purposes. 

These are customers, patrons, and clients. The law requires the highest duty of care for invitees. Illinois law requires businesses to maintain the property, take action to prevent known hazards, and warn visitors of potential dangers.

Many property owners also have visitors who are not customers but who are otherwise invited, known as licensees. This includes friends, families, or neighbors who have been invited over. Property owners must warn licensees about any potential dangers they may not be able to see on their own.

As trespassing is a crime, a property owner’s only duty to protect trespassers is to not willfully or wantonly injure them. A trespasser who is an injury victim will have a difficult time holding property owners accountable for dangerous conditions on their properties.

When it comes to personal injury claims arising from premises liability, property owners are not automatically responsible. Generally, a property owner can be held liable for an unreasonable risk. However, they will not be held liable for a personal injury caused by a dangerous condition they couldn’t have reasonably known about or fixed. 

For instance, a property owner will not have in-depth knowledge of everything that happens on their property at all times. If a customer at a big box store spills a soda and a nearby customer slips and falls in it a few minutes later, the property owner will not necessarily be found responsible. 

The property owner would need time to be told of the spill, place a warning sign up, and clean it. However, if the spill was allowed to sit for 30 minutes and the property owner did nothing about it, then they could be held liable.

Do You Have a Premises Liability Case?

Under the Illinois Premises Liability Act, the property owner or occupier must exercise reasonable care for invitees and licensees, which includes protecting these groups from foreseeable hazards and ensuring the property is properly maintained. This can include warning invitees and licensees of known dangers.

To be eligible to file a claim against a negligent property owner, your premises liability attorney will look to see if your premises liability claim has these elements to see if the responsible party could be held liable:

• The defendant owned or operated the property 
• They were negligent in maintaining and taking care of the property
• The property owner knew or reasonably should have known about a dangerous condition
• You were left to suffer injuries as a result of the occupier’s or owner’s negligence 
• You suffered tangible losses, such as medical expenses, that can be compensated for

Common Defense Arguments in Premises Liability Cases

When it comes to premises liability defense, there are some common arguments defendants make. These include:

Filing a Premises Liability Claim With Rosenfeld Injury Lawyers

The team at Rosenfeld Injury Lawyers relies on a proven process to file premises liability claims in Chicago, Illinois. While every case is different, you can generally expect your attorney to:

• Discuss the specifics of your case during a free consultation
• Gather evidence and investigate the case
• Send a demand letter that you are seeking compensation for financial damages
• Negotiate with premises liability insurance companies in the event there is premises liability coverage available
• Work through mediation to try to reach a fair settlement
• Lead your case through the court system, if necessary

Damages a Chicago Premises Liability Attorney Can Help You Recover

A premises liability attorney in Chicago can help you recover damages to help with your financial recovery. 

Economic Damages

Economic damages are tangible financial losses due to your injury that include:

• Medical bills
• Lost wages
• Lost income potential
• Rehabilitation costs 

Non-Economic Damages

Non-economic damages do not necessarily relate to tangible losses but are based on calculations for things like:

• Pain and suffering
• Disability
• Emotional distress

Punitive Damages

Another type of non-economic damage is called punitive damages. These are meant to punish or dissuade repeated behavior in cases where negligent property owners acted particularly recklessly or dangerously.

What Can Affect Premises Liability Settlements?

No lawyer can guarantee or predict how large your premises liability settlement will be. However, there are some factors that can affect settlement size, such as:

• Level of negligence
• Ability to prove property owner created the hazard
• Ability to prove the property owner knew about the condition and did nothing
• Severity of the injuries
• Extent of the damages

Injuries Commonly Sustained in Premises Liability Accidents

Injury victims can file a lawsuit to recover compensation in a premises liability case for a wide range of injuries, including: 

• Broken bones – Broken or fractured bones are very common injuries in crush or slip and fall cases.
• Lacerations – Serious cuts can occur in a premises liability case if you were cut by an improperly maintained feature on another person’s property. 
• Amputations – Amputations can occur when an appendage becomes trapped in machinery or in an accident on a dangerous property.
• Traumatic brain injuries – A serious fall accident or having something fall on your head can cause a TBI.
• Spinal cord injuries – Spinal cord injuries and other back conditions can arise from premises liability cases. 
• Burn injuries – Electrical burns and fires can cause significant injuries if a property owner fails to take proper precautions and keep the property up to code and free from common hazards.
• Wrongful death – Unfortunately, some people die as a result of the injuries they sustained on someone else’s property, either at the scene or after succumbing to their injuries later in the hospital. Spouses and other family members are able to take legal action against the property owner.

You Have Limited Time to File Premises Liability Claims in Chicago, IL

The statute of limitations refers to the amount of time under state law you have to file a civil lawsuit for a personal injury. If you wait until after this time elapses, you won’t be able to file a claim. In Illinois, the statute of limitations for premises liability claims, even in the event of a death, is two years from the date of the injury.

While two years may seem like a lot of time, it goes quickly in the aftermath of a serious injury. The sooner you can involve your Chicago premises liability attorneys, the better. 

Some evidence, especially video surveillance footage and witness testimony, could be lost if it is not preserved as soon as possible. Should you decide to take legal action against the property owner, you’ll likely be glad you started the process right after your injury.

The Time It Takes to Settle a Premises Liability Lawsuit

The time it takes to settle a premises liability claim varies from case to case. Simpler and more straightforward cases that settle with insurance carriers will take much less time to settle than cases with catastrophic injuries that require going through Illinois courts. 

Some simple cases with ample evidence settle in six or eight weeks, whereas more complicated cases could take years to resolve. 

Chicago Premises Liability Lawyers’ Fees

It will not cost you anything out of pocket to work with a Chicago premises liability attorney at Rosenfeld Injury Lawyers. Our premises liability attorneys work on a contingency fee basis, which means we receive a set percentage of the settlement or award we help you recover. 

If we are unable to recover fair compensation, you don’t owe anything for our help with your premises liability claim. 

Contact an Experienced Chicago Premises Liability Attorney Today!

Contact a Chicago property and premises liability lawyer from Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling us toll-free at (888) 424-5757. A member of our premises liability law firm is available 24 hours a day to answer your call.