Property owners have an obligation to make sure that their property is generally safe and free from defective conditions that may injure people who enter the land. If you or someone close to you has been injured or killed on someone else’s property, you may be able to recover compensation with the assistance of an injury attorney through an Illinois premises liability claim. At Therman Law Offices, our experienced Wheaton and Schaumburg premises liability lawyers are focused on protecting your legal interests at every step of the way.Pursuing a Premises Liability Claim in Illinois
A premises liability claim is based on an injury that was sustained on someone’s property due to a property owner’s negligence. The injury may be on either residential or commercial property. Dangerous conditions on property may include falling or crumbling ceilings, elevator or escalator failures, broken stairs, fires, unsafe construction zones, missing railings, uneven pavement, unsafe structures, and insufficient security.
Property owners have a legal duty to use reasonable care when it comes to the ownership and maintenance of their property in order to prevent foreseeable injuries to others. If they fail to do so, they may be held liable for a victim’s injuries and resulting losses. In order to file a premises liability claim, you must have been injured due to the property owner’s failure to take reasonable steps to protect you from harm. To succeed in this type of claim, you must establish the following elements:
- The defendant owed a duty of care to you;
- The defendant breached the duty of care that was owed;
- The defendant’s breach was a direct cause of the accident; and
- You sustained damages that can be reasonably quantified.
Property owners owe varying duties to visitors on their land, depending on the status of the visitor. Visitors may be classified in one of three ways: invitees, licensees, and trespassers. An invitee is an individual who enters the property for business purposes, such as a customer.
A property owner owes an invitee the highest duty of care of any type of visitor. A property owner must protect invitees from any hazardous condition by fixing the condition or warning invitees that the condition exists. At Therman Law Offices, our premises liability attorneys can help Schaumburg and Wheaton residents hold a property owner accountable for violating this duty.
A licensee is an individual who enters the land for social purposes, such as a guest. The duty to keep the property free from hazards and warn about hazards may also extend to licensees. A trespasser is an individual who enters the land without the landowner’s explicit or implicit permission. A property owner typically has no duty to protect this type of visitor, except in limited situations involving children.
Victims of slip and fall accidents may be able to recover a variety of economic and non-economic damages, such as past, present, and future medical expenses, lost income and benefits, rehabilitation costs, pain and suffering, disability, and any other losses stemming from the accident. The exact amount of compensation that a plaintiff will be entitled to receive will depend on the nature and extent of the injury or harm suffered.
Illinois sets a time limit of two years on filing a personal injury case in the state’s civil court. This time frame is known as the statute of limitations. Failing to file within this time frame generally results in the dismissal of any claim that is eventually brought.Contact a Premises Liability Lawyer in Schaumburg or Wheaton
Whether you have been injured in a slip and fall accident or in any other type of incident on someone else’s property, we can help. At Therman Law Offices, we have the skill and determination to handle your claim. Our Wheaton and Schaumburg premises liability attorneys have handled virtually every type of personal injury case, and we can apply our experience and knowledge to your situation. We also represent people in Norwood Park, Edison Park, Harwood Heights, Norridge, Elmwood Park, Park Ridge, Des Plaines, Rosemont, and Elk Grove Village, among other cities in Cook County and beyond. To discuss your case in more detail, feel free to call us at 312-588-1900 or contact us online. We also represent people throughout the greater Chicago area who need an elevator accident lawyer to seek compensation for their injuries.