Under local, state, and federal regulations, owners of many kinds of property have certain obligations or duties of care to maintain reasonably safe premises under certain conditions.
The aforementioned property owners must also warn others of known unsafe conditions under certain situations via clearly visible signage, barriers, or other similar methods.
While premises liability laws vary by state and region, the basic underlying concept is similar regardless of where you are currently located.
Property owners have an obligation to keep the land and any buildings or structures situated on their land safe for authorized visitors and anyone who may be rightfully doing business on the property, and in some cases, even trespassers.
Violations of these laws and statutes typically fall under the umbrella of premises liability cases.
When an injury occurs on someone’s property that was caused because of risky, dangerous, or faulty conditions that were within their control.
Premise liability cases may also arise when inadequate warnings (e.g., no signage or unclear signage or barriers) were in place around potential hazards.
If you become injured while on another person’s property whether that is their home or place of business and the injury is due to a hazard or accident that occurred because the area was not kept reasonably safe or otherwise maintained to a standard that has been deemed acceptable, then you may have a cause of action for a premises liability lawsuit.
What are the Grounds for a Premises Liability Lawsuit?
Remember that property owners, mall managers, owners of industrial property, landlords, property managers, and homeowners are legally responsible for keeping their premises safe and secure.
This is the law.
When a property is not reasonably kept up or maintained or if proper action is not taken to prevent injury and someone is injured as a result of this inaction or negligence, the property owner may be held accountable for injury and damages.
This means that you may be able to sue them to recover costs for medical bills, pain and suffering, and related damages.
What is the Definition of Premises Liability?
A premises liability lawsuit or case is when a legal claim involves an accident or personal injury that occurred due to the dangerous condition of someone else’s property.
If an item or condition on another person’s property was dangerous or hazardous and caused your injury, then the owner of the property is responsible for financially compensating you for your injury.
This is a premises liability claim or a cause of action for a premises liability lawsuit.
Premises liability claims can be legally considered to be a form of negligence, as the property owner has failed to follow the correct protocol in order to ensure that their property is safe.
Premises Liability Versus Personal Liability Versus Product Liability
While premises liability, product liability, and personal liability claims are indeed similar, premises liability covers unsafe actions or conditions that occur on someone’s property.
On the contrary, personal liability is about someone’s actual actions, while product liability covers products, merchandise, equipment, or other items sold that can be found hazardous or dangerous if they are faulty or not used as directed.
Whether premises liability or personal liability or both are applicable in your particular situation, either way, you deserve compensation and you should consult with personal injury attorneys as soon as possible.
Types of Premises Liability Cases
Premises liability can encompass claims stemming from a range of conditions, such as injuries caused by falling on snow and ice that has not been properly shoveled or slip and fall injuries, or injuries caused by falling debris or items that have not been properly secured.
Other premises liability claims include serious injury from falling cranes, manhole covers not properly closed, or poorly installed scaffolding at a construction site.
Industrial gas leaks, fires, or explosions can also lead to serious injury and subsequent premises liability claims.
As you can see, there are a variety of types of situations that may lead to premises liability lawsuits.
The following occurrences are some of the more common premises liability cases that may require the services of a personal injury attorney but the concept is not limited to these events.
If you think you or a loved one has been injured in a manner that may be a cause of action for a premises liability lawsuit, read on to learn more and consult with one of the pertinent types of premises liability lawyers at Zayed Law Offices as soon as possible:
Slip and Fall Attorneys
A slip and fall case is often a premises liability personal injury case in which a person slips or trips and is injured on someone else’s property.
Slip and falls can occur due to poorly maintained surfaces, icy or snowy surfaces that have not been properly cleared, spills that have not been properly cleaned up, or similar issues.
If you suspect you were injured due to the aforementioned reasons in a slip and fall case, contact a slip and fall lawyer at Zayed Law Offices as soon as possible.
Negligent Security Lawyer
You may have a premises liability claim for negligent security brought against a property owner when you have sustained a likely foreseeable injury as the result of inadequate security measures.
These cases usually come about when an individual suffers a robbery, assault, battery, rape, or even wrongful death due to a lack of security or failure to provide proper security.
If you suspect you were injured due to the aforementioned reasons due to negligent security, contact a premises liability attorney as soon as possible.
Amusement Park Accidents and Premises Liability
Amusement park accidents can be particularly horrifying as well as mentally and physically traumatizing.
In amusement park accidents, product liability or a faulty piece of ride equipment or machinery may be the culprit, but you may also have a premises liability claim.
If an amusement park ride or amusement park facility was not properly operated or maintained or other negligence occurred, you should consult a personal injury attorney with experience in premises liability as soon as possible.
Drowning Accident Lawyer and Premises Liability
Drowning or near-drowning accidents are terrifying and can lead to fatalities.
According to premises liability law, the property owner or owner of the area of river, lake, creek, beach, or other water feature in question is liable for injuries that occur as the result of a dangerous or hazardous condition on the property that the owner should have known about previously.
Fencing and other barriers along with warning signs (e.g., “no lifeguard on duty”) may also be deemed necessary and the owner may be considered negligent if these items are not in place at the time of the drowning accident.
Swimming Pool Accident Lawyer and Premises Liability
Similar to drowning and near-drowning accidents, the owner of a swimming pool and the land that it sits has a responsibility to take reasonable precautions to make sure that their swimming pool is safe for users and anyone else on their property.
This is referred to as a reasonable duty of care towards anyone entering the property, even a trespasser.
Bridge Collapses and Premises Liability
If you were injured in a bridge collapse, then you may have grounds for a premises liability claim.
Possible responsible parties in a bridge collapse premises liability lawsuit include the state where the bridge was built, the company that designed the bridge, the contractors that built the bridge, the agency responsible for inspections and maintenance, and any other company that performed said maintenance.
Stairwell/Uneven Steps Accidents and Premises Liability
These types of accidents are similar to slip and fall accidents but involve staircases or stairwells.
If you were injured in a stairwell accident or an accident on a staircase that occurred due to uneven steps, then you may have grounds for a premises liability claim.
Possible responsible parties in a stairwell accident premises liability lawsuit include but are not limited to the company that designed the staircase, the contractors that built the staircase, the agency responsible for stairwell inspections and maintenance, and any other company that performed said maintenance.
Walmart Slip & Fall
If you were injured in a slip and fall accident on the premises of a business or on another person’s property, then you may have grounds or a cause of action for a lawsuit.
Consulting with a Chicago slip and fall lawyer who has experience with premises liability cases in general and handling Walmart lawsuits in particular is the right first step to take if you or a family member sustained a significant injury.
Elevator Accidents and Premises Liability
Elevators require proper construction and maintenance and if this is not performed and the owner of the building with the elevator is negligent, then personal injury may result. If you or a loved one were injured in an elevator accident then you may have grounds for a premises liability claim.
Possible responsible parties in an elevator accident premises liability lawsuit include but are not limited to the company that designed the elevator, the contractors that built the elevator, the agency responsible for elevator inspections and maintenance, and any other company that performed said maintenance.
Grain Bin Explosions and Premises Liability
Like most other farming equipment, grain bins and grain elevators require proper construction and maintenance and if this is not performed and the owner of the property with the grain bin or grain elevator is negligent, then personal injury may result.
If you or a loved one were injured in a grain bin or grain elevator accident then you may have grounds for a premises liability claim.
Possible responsible parties in a grain bin accident premises liability lawsuit include but are not limited to the company that designed the equipment, the contractors that built the equipment, the agency responsible for equipment inspections and maintenance, and any other company that performed said maintenance.
Explosion and Fire Injury Premises Liability
Under Illinois state and Chicago premises liability law, property owners who fail to proactively prevent an incident such as a fire or explosion can be liable to pay damages to injured parties.
Personal injuries sustained in fires or explosions can cause lifelong trauma and can be life-threatening or even fatal.
If you suspect you were injured due to the aforementioned reasons due to negligence or improper maintenance of property or facilities that resulted in a fire or explosion, contact a premises liability attorney as soon as possible.
Gas Explosion Premises Liability
Gas explosions can be catastrophic.
Under Illinois state and Chicago premises liability law, property owners who fail to proactively prevent an incident such as a gas explosion can be liable to pay damages to injured parties.
Personal injuries sustained in gas explosions can cause lifelong trauma and can be life-threatening or even fatal.
If you suspect you were injured due to the aforementioned reasons due to negligence or improper maintenance of property or facilities that resulted in a gas explosion, contact a premises liability attorney as soon as possible.
Sports and Recreation Lawyers for Premises Liability
The owner of a sports facility (arena, gym, field, playground, or similar facility) and the land that it sits on has a responsibility to take reasonable precautions to make sure that their site is safe for users and anyone else on their property.
This is referred to as a reasonable duty of care towards anyone entering the property, even a trespasser.
Premises liability may come into play if the sports or recreational area was improperly maintained or neglected, adequate warnings or supervisions were not provided, appropriate barriers were not put into place, or participants or spectators incurred harm at a sporting event due to owner negligence.
The owner of the property as well as the designer of the property, the construction company or builder of the property, and any companies or contractors responsible for maintaining the property may all be at fault in a sports and recreation facility premises liability case.
Why Do I Need a Premises Liability Lawyer?
If you were harmed in an accident that was caused by dangerous conditions on someone else’s property, then you need a premises liability attorney who is experienced with personal injury lawsuits involving premises liability claims.
It can be difficult to sort out who pays for damages during a premises liability claim since multiple parties and their insurance providers may be involved.
This is why if you believe that you or a loved one have a valid premises liability claim, you should consult with a personal injury attorney who has experience with these types of cases sooner rather than later.
Where Do I Hire a Premises Liability Attorney?
If you were injured in an accident that occurred on someone else’s property in Chicago or the surrounding areas in northern Illinois, and you need a personal injury attorney because you were not at fault and suffered damages, then contact the experienced premises liability attorneys at Zayed Law Offices.
Therefore, it is essential to contact a premises liability attorney as soon as possible after an accident so that they have the best possible opportunity to track down any and all witnesses and investigate key evidence before it is purposefully or inadvertently destroyed.
Furthermore, if a property is owned by a large company and therefore their insurance providers, things can get even more complicated since more parties are involved in the case.
This makes it especially essential to engage the services of a personal injury attorney who has experience handling cases with premises liability claims against large companies or similar entities as soon as possible after your accident.
When Do I Contact a Premises Liability Law Firm?
You should hire a premises liability attorney as soon as possible after an accident that occurred on someone else’s property and you have suffered injuries or damages but were not at fault.
You may be owed compensation for those damages from the at-fault parties and have a cause of action for a premises liability claim.
Dealing with insurance company representatives, the owner or parties at fault, and other entities like companies who do business on the property after being involved in any kind of accident can be extremely stressful, especially if you are recovering from injuries sustained in the accident and dealing with the aftermath of bills and emotional distress, or even the potential wrongful death of a family member or loved one.
This is why you need to secure legal counsel in the form of a premises liability lawyer who is established in Chicago and the surrounding area as soon as possible after you’ve been involved in an accident where you suffered personal injury or harm on someone else’s property.
What’s more, the longer it takes to investigate a given incident, the more likely it is that evidence is literally washed away or destroyed, or people’s memories fade and eyewitnesses become less reliable.
So, working with a premises liability attorney right away helps you get out in front of potential problems and ensure that you recover the compensation that you are owed from the owner of the property, their insurance carriers, and any other parties that be involved in your case.
Who Is at Fault in a Premises Liability Claim?
In a premises liability claim, the owner of the property is generally the main party at fault (although damages may be recovered from their insurance provider).
Other possible responsible parties in a premises liability lawsuit include the state or municipal government where the accident occurred, the company that designed any structures on the property, the contractors that built the aforementioned structures, the agency responsible for inspections and maintenance of the property, and any other company that performed said maintenance.
What Do I Do After a Premises Liability Accident?
In addition to contacting a premises liability lawyer as soon as possible, it is also important to preserve as much evidence as you can.
Document any dangerous conditions or items and any lack of signage, barriers, or warnings with timestamped pictures and video, collect the contact information of eyewitnesses and retain any incident reports or reports from first responders, emergency room personnel, or similar individuals.
Dangerous conditions can be cleaned up quickly and new signs or barriers can be put up after the fact, so preserving the immediate evidence such as the state of the location where the incident occurred may make the difference in the amounts of damages you will be able to recover with a premises liability claim.
What Does a Premises Liability Attorney Do During a Lawsuit?
A premises liability lawyer assists their client in seeking compensation for injuries or harms suffered as a result of a premises liability.
Premises liability claims can be more complex than other typical personal injuries accidents because there are often more parties at play.
In addition, not only do you have your insurance company and the owner’s insurance companies to deal with, but possibly also the insurance companies, lawyers, or other representatives from other companies, contractors, employees, or institutions that may do business on the property.
Statute of Limitations on Premises Liability Lawsuits
In the state of Illinois, the time limit or statute of limitations for premises liability cases is two years from the date that the incident occurred.
If the accident victim or their family members (in the case of wrongful death) fails to file a lawsuit against the alleged negligent or at-fault party or parties within this two-year window, they will be unable to recover the compensation they may deserve.
Securing legal counsel as quickly as possible after being involved in an accident where you believe that you may have a premises liability claim is essential if you hope to recover damages.
Fatalities and Wrongful Deaths in Premises Liability Lawsuits
If you have lost a loved one in an accident that occurred on someone else’s property, you may have grounds or a cause of action for a wrongful death lawsuit along with a premises liability claim.
While no amount of money or financial recovery will ever fully assuage your grief, you have the right to compensation.
Working with a premises liability attorney who has experience handling wrongful death cases that involve premises liability in Illinois can help you recover costs for medical bills, loss of income, loss of companionship, and pain and suffering.
Navigating the complexities of premises liability lawsuits and wrongful death lawsuits and ensuring that appropriate at-fault parties and their insurance companies pay the full settlement or damages owed is a job for a personal injury lawyer, so if you believe you may have a premises liability accident wrongful death claim, contact the Chicago wrongful death attorneys at Zayed Law Offices as soon as possible.
How Much is a Premises Liability Case Worth? Premises Liability Lawsuit Damages and Settlements
The value of a premises liability accident case depends on the damages caused and the extent of harm incurred by the victim or victims.
Damages can be recovered or settlements made for a number of reasons, including but not limited to:
- Disability due to injuries from the accident
- Current or immediate medical bills
- Future medical bills
- Loss of earnings or wages (in the present)
- Loss of earning capacity in the future (in the event of a disability or catastrophic injury, or wrongful death)
- Emotional distress
- Pain and suffering
- Property damage or destruction (if applicable)
After being involved in an accident of any kind, you may have experienced significant discomfort, pain, injury, inconvenience, or catastrophic damage to your person such as the loss of a limb(s) or paralysis.
You may have missed and may continue to miss significant amounts of work or may even no longer be able to work in your previous capacity.
Premises liability accidents that result in personal injury may even involve catastrophic injury or fatalities, which could lead to a wrongful death lawsuit.
Filing a lawsuit against the negligent parties or property owner or owners and their insurance providers (if applicable) after a premises liability accident is a way of recovering or recouping the loss or damages for the accident and ensuring that medical bills, loss of income, and other pain and suffering that occurred as a result of the accident are taken care of as best allowed by the Illinois and United States legal system.
Premises Liability Lawsuit Trials
While a premises liability lawsuit case may be settled out of court for a monetary amount agreed upon by both the defendant and plaintiff and their lawyers, it may go to trial if a satisfactory settlement cannot be reached.
Premises liability lawsuits go to trial due to a number of reasons.
For instance, if the property owner or negligent party or parties are solely at fault but their insurance won’t acknowledge the fault of the policyholder, the case may be taken to trial to enable a judge and jury to decide if damages should be awarded and in what amounts.
What Should I Do During a Premises Liability Trial?
One of the vital aspects of successfully navigating the complicated legal system during a premises liability lawsuit or any other case is to avoid direct contact or outright accusations towards any party or their insurance provider, their associates, or any other institutions and companies that may be involved or liable in your claim.
Prior to bringing up a premises liability accident lawsuit, be sure to request your medical records and consult with an experienced personal injury lawyer to review the records and any other documentation, interview witnesses and experts (if applicable), investigate the claims and get guidance as to your potential cause of action, appropriate jurisdiction to file a lawsuit, the party or parties at fault, and other details.
All communication with the defendants or potential defendants during a premises liability accident case should be through your attorney.
Our Premises Liability Lawyers are here to Help
At Zayed Law Offices, our first and foremost goal is to protect the rights of the injured.
If you or a loved one have been in a premises liability accident of any kind and you have questions about personal injury lawsuits or compensation, we can help you understand the associated legislation, precedents, and statutes.
We can help you recover compensation for your medical bills and pain and suffering, help you understand how to pursue a premises liability case, and whether you have a cause of action to file a legal claim against the person or persons who caused your accident and any other parties who could potentially be at fault, such as their insurance company, or anyone else who co-owns or insures the property.
We know that being injured in a premises liability accident can be a catastrophic and traumatic event that affects you, your family, and your career in many complicated and devastating ways.
Furthermore, the effects of being in a premises liability accident can last for many years into the future, affecting your health, medical costs, current or future income, and even your family’s future if you lose earning capacity or the ability to care for yourself.
What’s more, if you’ve lost a loved one to a premises liability accident, you deserve a settlement and to deal with the grieving process as best you can without the extra stress of dealing with insurance companies, the owner of the property, or any other party to the case.
All of the above reasons are why you should work with a personal injury attorney who has experience dealing with premises liability lawsuits and the associated injuries who can help you recover costs for pain and suffering, loss of earnings, loss of earning capacity, medical bills, disability, and emotional distress.
Have you been in a premises liability accident or an accident that occurred on another persons’ property where their negligence was a direct or indirect cause?
Do you think you need a premises liability lawyer to help sort out the parties at fault and help you sue for damages?
Please contact Zayed Law Offices in Chicago and schedule a free case review and confidential initial consultation by completing our short contact form.
We’ll schedule a time that is convenient for you, and please note, you will not pay lawyer’s fees unless we recover compensation for you.
If you have been injured or traumatized by someone else and you believe they are at fault, then you probably have a personal injury case. It is essential that both of these elements are present. An experienced personal injury lawyer will be able to tell you whether the facts of your case merit a lawsuit.
Zayed Law Offices handles cases throughout DuPage County, Cook County, Will County, Kane County, Lake County, McHenry County, Naperville, Oak Brook, Oak Park, Chicago, and throughout Illinois.
It is essential to get your facts in order. When you hire a personal injury attorney, he will be able to research, organize and ultimately mold the facts of your case into a cohesive argument. It is important that you first gather the facts of your personal injury case. You may consider writing down all the facts that you know including: specifics of the accident, insurance information, records of expenses, including medical expenses.
It will also be important to get information about potential witnesses to your accident and to get a copy of the police report.
The most important step is to retain the services of a personal injury attorney. Your chances of receiving the compensation you deserve increase exponentially when you retain a personal injury attorney.
After a short while, a personal injury attorney will know your case better than anyone. A personal injury attorney will be able to discover the facts and circumstances leading to your injury. Furthermore, an experienced personal injury attorney will be able to make a valid claim on your behalf. This includes spotting the legal issues unique to your case, identifying all defendants, and controlling witnesses, including those who actually witnessed your accident and expert witnesses.
A personal injury attorney will ensure that you receive the maximum amount of compensation to which you are entitled. When caught in the middle of a legal battle over a personal injury, it is important to have an advocate who’s on your side. After all, between insurance defense lawyers, insurance companies, and defendants, it’s hard to find people who are actually on your side.
Illinois personal injury attorneys generally charge on a contingency fee basis. This means that you will not pay until your personal injury attorney recovers money for you, either by way of settlement or by a trial. At Zayed Law Offices, we charge on a contingency fee basis for our personal injury work.
When you retain Zayed Law Offices, we immediately set to work getting you results. You are an integral part of the case that we will construct. In fact, you are the very center of the case we will construct.
You will need to update us on your medical treatment, your progress, your work situation, and this is all in an effort to ensure that the unique facts of your case are presented in their clearest light to defense counsel, judge and jury. Additionally, we have found that most of our clients prefer to be involved in their cases. At Zayed Law Offices we take great pride in the relationships we built with our clients.
More specifically, you will have to help us answer written questions by opposing counsel, and you will likely have to sit down at a question and answer session with opposing counsel—otherwise known as a deposition. In the event that your case goes to trial, you will have to be present, and may be called to the stand. An experienced personal injury attorney will help prepare you for all stages of this process, and of course we will ensure that this process is as convenient as possible for you.
When someone is involved in an accident and suffers a personal injury, they feel as though they have been wronged. They feel they have undergone significant discomfort, inconvenience, and injury. They may have missed significant amounts of work. In the event of a catastrophic injury, they may have even lost their life.
The United States legal system has recognized cognizable means of recovery, some of these “damages” are:
- Lost wages
- Medical expenses
- Pain and suffering
- Emotional distress
- Property damage
An experienced personal injury attorney will be able to navigate the facts of your claim in order to recover the compensation you are entitled to.
It is important to contact an Illinois personal injury attorney as soon as possible after your accident. Generally, speaking the sooner you take your case to a personal injury attorney the better chance of success your case stands.
There is a statutory limitation on when people can file suit in relation to their personal injury claims in Illinois. An experienced Illinois personal injury attorney will be able to determine your statute of limitations time period.
Personal injury cases in Illinois can take up to two or three years. The length of time a case takes can vary substantially depending on the complexity of the case and congestion of the court system.
When it comes to filing a personal injury lawsuit, patience is definitely a virtue. However, a vigorous and diligent personal injury attorney can make a significant impact when it comes to speed of case resolution. At Zayed Law Offices we ensure that all our cases are aggressively pursued.
In Illinois the concept of “fault” definitely has an impact on personal injury claims. Although this area of law is always changing, an Illinois personal injury attorney will be able to assess the impact “fault” will play in your case.
Generally speaking, if you are less than 50% at fault, you are entitled to recovery.