Crystal Lake Premises Liability Attorneys
Attorneys Serving McHenry County & the Surrounding Areas
Premises liability claims arise when someone is injured because the owner or occupier of property was negligent. The most common type of premises liability claim relates to injuries caused by faulty maintenance or failure to provide notice of hazards. Some examples include:
- Slip and fall injuries that occur because snow and ice was negligently cleared
- Trip and fall injuries that occur because of broken walkways or uneven steps
- Slip and fall injuries that occur because a spill wasn’t promptly cleaned up
Slip, trip and fall accidents account for a significant percentage of premises liability claims, but there are many other ways in which negligent set-up or maintenance of property can lead to injury. For example, store shelving that is not properly secured and falls on or is pulled down on a child may give rise to a premises liability claim.
In short, any time a property owner or occupant fails to maintain the premises in a safe condition for visitors, he or she may be liable for injuries sustained as a result. In Illinois, unlike certain other states, the duty of care owed to a visitor is the same regardless of the reason the visitor is on the property. For example, a homeowner owes the same duty of care to neighbors who stop by for a quick chat as a storekeeper does to customers.
Negligent Security Claims
Negligent security claims fall under the umbrella of premises liability, but are different from the type of incidents described above in that they generally involve a third party who commits an intentional act. Some examples include:
- The owner or management of a secure apartment building is aware that the locking mechanism is broken and fails to make repairs or warn residents, resulting in a mugger gaining access to the building and assaulting a resident
- A bar owner knows that there have been a series of recent sexual assaults on the block late at night, but does not take protective measures such as adding security lights, patrolling the parking lot at closing, or warning patrons
Pursuing Damages in a Premises Liability Case
Most people have no concern about pursuing a premises liability claim if they’re injured after slipping on a soapy tile floor in the local grocery store or tripping on a broken city sidewalk. However, many people feel differently if they’ve been injured in someone else’s home or yard—especially if that person is a friend or relative. It is important to remember that in most cases, any damages will be paid by the homeowner’s insurance company. Homeowners and even renters pay insurance premiums specifically so that they are prepared for an accident that causes injury or property destruction.
Damages Awarded in Premises Liability Cases
Every personal injury claim is different, and the damages available vary based on the extent of your injuries, recovery time, any permanent injury, associated property damage, change in earning capacity, and a variety of other factors. Some of the most common damages awarded in a premises liability case include:
- Medical expenses accrued to date
- Anticipated future medical expenses
- Costs of rehabilitation
- Lost income to date
- Anticipated future loss of earnings
- Pain and suffering
An experienced personal injury attorney can assess your case and provide a more complete understanding of the type of damages that may be available in your case.
Timelines in Premises Liability Cases
In most cases, a person injured on another’s property has two years to file a premises liability lawsuit. However, it is generally in your best interests to seek legal assistance as soon as possible after the accident. Your attorney will want to act quickly to preserve evidence, identify witnesses, and gather information while memories are fresh and before significant changes occur.
Talk to a Premises Liability Lawyer
The first step toward securing the compensation you deserve is to schedule a free consultation with a premises liability lawyer. Why not get started right now?