What is Premises Liability in Illinois?
In some cases where an accident or injury is suffered by a visitor on another person’s property, the property owner may be liable. It is important to note that this is only the case under specific circumstances. It is for this reason that, if you have been the victim of an accident or injury on someone else’s property, you must prove negligence in order to collect compensation. Legal cases revolving around premises liability can be complex, making it crucial to employ an experienced Illinois personal injury attorney.
How Can I Pursue a Claim Based on Premises Liability?
To successfully pursue a legal claim against a property owner for a personal injury, you must be able to prove that the property owner was negligent. As we have discussed in a previous post, how negligence is proven varies on a case-by-case basis, but the fact remains that, to effectively establish a premises liability claim, you must be able to prove the following:
- That the property owner owed you a legal duty.
- That the property owner breached that duty.
- That the property owner’s breach of that duty led to or contributed to the injuries you suffered on the property in question.
- That you suffered damages due to the property owner’s breach of their legal duty to you, a visitor on their property.
The legal duty in this case arises out of the property owner’s possession of and control over the property.
To prove that the property owner was liable for an injury you suffered, you would have to prove that the property owner did not exercise “reasonable care” in keeping visitors safe. An example would be a slip-and-fall accident wherein you were hurt when you slipped on a wet floor — to pursue a claim in this situation, you would have to prove that it was reasonable for the property owner to have discovered that the floor was wet, and to have been negligent in drying the floor, restricting access to the area, or posting warnings about the wet floor.
Rubens and Kress Concentrates in Personal Injury Law
There is much more to proving premises liability that we have covered here, and the specifics of proving the liability of a property owner will vary greatly from case to case. If you have suffered an injury on someone else’s property and you think they may be liable, contact Rubens and Kress, a Chicago law firm concentrating in personal injury. We have a track record of success, and we charge absolutely no fee unless you collect. To discuss your options, contact Rubens and Kress online, at 312-201-9640, or toll-free at 866-890-9640.