What Is Premises Liability?
The term "premises liability" refers to the legal liability of a business or property owner that results when someone is injured on his or her property. Illinois law provides accident victims with the right to pursue recovery for the medical bills, lost wages, pain and suffering and other damages that they sustain due to the negligent actions of the defendant. Negligence is based on the principle that the defendant was responsible for providing a safe environment and failed to provide it, which resulted in the defendant's injuries.
In Illinois the Premises Liability Act governs these types of cases and actually sets the bar very high for the injured. In order to prove negligence, a plaintiff must prove not only that the property is dangerous, but that the owner of the property knew or should have know about the danger. While this is not impossible, an experienced attorney is usually necessary to overcome this burden. This is because most defendant property owners will simply lie and say that they were unaware of the situation.
Who Is Responsible for My Injuries?
Illinois law requires the party that is in possession or control of the property to properly maintain it under . This is often the owner of the property; however, this is not always the case. For example, an investor may rent out a commercial space to a tenant that runs a store on the property and the tenant may be responsible for maintaining the property. A premises liability attorney can evaluate the case and determine which party or parties may be responsible for the victim's injuries?
What Duties Am I Owed as a Guest or Visitor?
Illinois law imposes a duty upon those occupying and owning property to exercise reasonable care under 740 ILCS 130. What is considered reasonable often depends on the particular circumstances. However, the duty typically requires property owners to prevent guests and visitors from suffering foreseeable injuries, alerting them to known dangers and repairing known dangers on the premises. If the defendant fails to meet these duties, the victim may be able to recover damages.
What Damages Can I Recover?
Accident victims may be able to recover compensation for the damages that they sustained as a result of the defendant's negligence. The potential compensation varies in each case but generally covers medical bills, pain and suffering, and lost wages. The recoveries in the appropriate circumstances can be significant. To find out what recovery you may be eligible for, contact us to discuss your case during a confidential consultation.