The category of premises liability litigation is one of the broadest areas of personal injury law. At its most basic, premises liability claims involve situations when a visitor or tenant who is on a piece of property that is owned by another person or entity has an accident or is injured. If the injured party can prove that the harm that they suffered was caused by negligence on the part of the property owner, the owner can often be held to be liable for their acts or omissions that brought about the victim’s harm.Common types of premises liability cases.
When a person has suffered this sort of injury and they believe it may have resulted from negligence on the part of another person, they may be able to file a lawsuit in order to compensate them for their medical bills, lost earnings or earning capacity (the value of any hindrance to their ability to make a living), permanent physical disabilities that they have suffered, disfigurements, pain, and emotional distress caused by the accident.
Injuries on a premises that can lead to a premises liability claim include things such as:
- Slip and fall accidents.
- Attacks by dogs or other animals.
- Exposure to hazardous or toxic substances like lead, mold, asbestos, or unsanitary conditions that can result in health issues.
- Improperly maintained structures.
Typically a landlord has a duty to use reasonable care under the circumstances in their interactions with others. Illinois statutes have a general premises liability law, and also a variety of additional statutes and regulations that set forth additional protections as well as certain exceptions. The rules governing premises liability claims are often quite complicated, and having an experienced attorney assist you with reviewing your situation to determine if your case falls within the general premises liability statute or is covered by one of the various exceptions in Illinois law.
Plaintiffs in a premises liability case must prove that the owners of the property did one or more of the following:
- Failed to maintain the property properly or created unsafe conditions that led to the injury.
- Knew about an unsafe condition but did not inform visitors of the hazard.
- Was not exercise the appropriate care in managing unsafe conditions that had the potential to attract children.
- Acted, or failed to act, in ways that caused damage to neighboring properties.
In Illinois, property owners are held to different standards of liability depending on the relationship between the injured party and landowner. In cases where the landowner is involved with ultra-hazardous activities, launching fireworks for example, they will be held to absolute liability for injuries that occur. Below that are individuals running hotels or inns, who will be held to a highest degree of care. Typical landowners with invited guests or tenants on their property in Illinois are held to a standard of exercising reasonable and ordinary care for the wellbeing of the people on their property. And finally in cases of trespassers landowners will be held to a duty to avoid willful and wanton conduct against them. Further information expanding on these levels of care can be found here.How Levin & Perconti can help in your Premises Liability case.
At Levin & Perconti, our attorneys have successfully handled numerous premises liability cases and recovered millions of dollars in verdicts and settlements for our clients, including a $2.3 million settlement for a family whose two young children suffered severe burns and whose third child, a three-month-old infant, was killed in a fire that broke out in a Chicago Housing Authority building. The CHA had allowed rear entrances to be blocked, allowed batteries to be removed from smoke detectors, and failed to sufficiently inspect and maintain an electrical outlet.
If you believe you've suffered an injury due to a property owner's negligence in Illinois, we'd like to hear from you. Call us at 877-374-1417 or 312-332-2872 or contact us online for a FREE consultation.