CHICAGO Premises Liability ATTORNEYS

Under the Illinois Premises Liability Act, property owners have a duty to make sure their property is safe for any guests and customers. When property owners are negligent and that carelessness results in injury, they can be held liable for paying the medical bills, lost income, pain and suffering, and other losses of accident victims. Premises liability claims, though, are extremely complex and it is not always easy to obtain the compensation you deserve. Our Chicago premises liability attorneys can help you through the process and ensure you receive the fair settlement you are entitled to. 

Common Injuries Sustained 

People become hurt in a number of ways on other people’s property. Some of the most common injuries are as follows: 

• Complex broken bones 
• Head injuries 
• Damage to the spinal cord, including paralysis 
• Sprains 
• Traumatic brain injuries 
• Facial injuries 
• Burns 
• Smoke inhalation 
• Crushed limbs 
• Neck and back injuries 
• Infections 
• Permanent scarring and disfigurement 
• Psychological trauma 

• Wrongful death 

Recovering Compensation for Injuries 

Recovering the compensation you need to recover from your injuries after a slip and fall or some other type of premises liability accident is not easy. You must prove certain elements of your case, which usually requires an investigation to determine liability and collect evidence. The elements you must prove in your case include: 

• The property owner owed you a duty of care to keep their premises in a safe condition, 
• The action, or inaction, of the property owner created a dangerous environment that caused your accident, 
• The property owner knew, or should have known, about the dangerous condition and did not correct it, and 
• You suffered injuries and/or other losses as a result. 

In most other personal injury cases, proving that the negligent party owed the victim a duty of care is fairly straightforward. In premises liability cases, the negligent party may dispute whether any duty of care was owed to the victim at all.  This, and other pitfalls, such as the open and obvious doctrine, makes premises liability cases challenging. 

How Our Firm Can Help You Build a Strong Case 

Again, proving a premises liability case is never easy but our team of experienced attorneys can build a strong case for you. We will start by conducting a thorough investigation and collecting evidence that will prove your case. Important evidence we will collect includes any accident report you filled out, your medical records, pictures of the scene as well as your injuries, witness testimony, surveillance footage of the accident, and documentation regarding your lost wages. 

We will also determine who is liable for paying damages for your injuries. It may seem obvious in premises liability claims that the property owner is at fault, but there are often multiple liable parties. The investigation we conduct will help us determine who is to blame for your injuries. 

Our attorneys will also locate witnesses soon after the accident to obtain their statements. This is a very important step, as memories tend to fade over time and over time, witnesses can also be more difficult to locate. Due to the fact that independent witnesses have nothing to win or lose in a premises liability claim, their testimony is taken very seriously. In addition to speaking to eyewitnesses, we also work with a network of expert witnesses who can provide testimony about your injuries and how the accident occurred. 

It is also not always easy to determine how much a premises liability claim is worth. Our seasoned attorneys understand that while you may have already incurred lost wages, medical expenses, pain and suffering, and other losses, you may also experience future losses, as well. We will accurately value your claim so you obtain the full damages that will fully cover all of your losses. 

Lastly, we will negotiate with the insurance company on your behalf to obtain the full settlement you are entitled to. If the insurance company refuses to act in good faith, we will then help you file a lawsuit and provide the representation you need at trial. 

Determining Liability for a Premises Liability Accident 

In the vast majority of cases, property owners are responsible for premises liability accidents. As long as a person has a right to enter the premises, property owners must make sure the property is safe for them to do so. When they fail to do so, they can be held liable for any injuries that are incurred as a result. However, when a person does not have a legal right to enter a property, such as a trespasser, property owners do not owe them any legal duty of care. 

Property owners often argue that accident victims are to blame for their own injuries, but that is not always true. Still, even when accident victims are partly at fault for their injuries, they can still file a claim for compensation. Any damages they are awarded, though, will be reduced by their same percentage of fault. When an accident victim is more than 50 percent at fault for the accident, they are barred from receiving any compensation at all. 

Common Causes of Premises Liability Cases 

There are many common causes of premises liability accidents. These are as follows: 

• Slip and falls caused by slippery and slick floors, poorly maintained and icy sidewalks, missing handrails, and more 
• Swimming pool accidents, including drowning and slip and falls, 
• Dog bites and attacks, which can cause infections and permanent scarring and disfigurement, 
• Rape and assault, usually caused by a lack of security, inadequate lighting, and broken or missing locks, and 
• Retail accidents, which are often caused by collapsing shelves and falling displays. 

Settlements and Verdicts We Have Helped Clients Obtain 

At Kennedy Watkins, we have helped clients obtain more than $50 million for their injuries and other losses. Some of the premises liability claims we have won are as follows: 

• $1,000,000 for a victim who suffered an injury in the course of escaping a fire at an apartment building 

• $600,000 for a victim who suffered second-degree burns to his hands during a church fire, 
• A confidential settlement for a minor child who suffered a burn injury due to hot tea at a Chinese restaurant 

Our team of attorneys can help you obtain the full settlement or favorable verdict that you deserve in your case, too. 

Our Premises Liability Attorneys in Chicago Can Help You Obtain a Full Settlement 

If you have been hurt on someone else’s property, our Chicago premises liability attorneys at Kennedy Watkins can build a strong case that will help you obtain the maximum damages that are justly yours. We are available 24 hours a day, 7 days a week and will meet with you wherever you are in the state. Call us now at (312) 448-8181 or fill out our online form to schedule a free consultation and to get the legal help you need. 

FAQ

About Premises Liability Claims

What Damages are Available in a Premises Liability Claim?

Through a premises liability claim, you can recover any loss you suffered as a result of your accident. The most common damages available in these cases include: 

• Current and future lost wages 
• Current and future medical expenses, physical therapy, and rehabilitation costs 
• Pain, suffering, and mental anguish 
• Medication costs 
• Permanent disability 

Can I Sue a Government Entity if I was Hurt on Public Property?

Possibly. Just like owners of private property, government entities have a legal duty to make sure all public property is also safe for people to enter. While filing a premises liability claim is always challenging, it becomes even more difficult when the liable party is a government entity because governmental entities have certain immunities under the Local Governmental and Governmental Employees Tort Immunity Act. Premises liability claims against local governmental entities in Illinois are subject to a one year statute of limitations. It is critical to work with an attorney who has the necessary experience to go up against government entities. 

What is the Statute of Limitations in Premises Liability Claims?

In the majority of premises liability cases, accident victims have two years from the date of injury to file a claim. There are some exceptions to the law, but they are very limited. If you are filing a claim against a government entity, you have just one year to file a lawsuit. It is critical to speak to an attorney right away so an investigation can be conducted and to make sure your claim is filed on time. 

What Defenses Do Negligent Parties Use in Premises Liability Cases?

You can expect property owners to raise many defenses when filing a claim against them. They may claim that you are at fault for your injuries because you ignored a dangerous condition. Or, they may state that the incident was not what caused your injuries. One of the most common defenses property owners raise in premises liability cases is that they were not aware of the dangerous condition. Although this defense may be successful at times, property owners are generally responsible for making sure they know of dangerous conditions and fixing them when they arise. 

Should I Accept the Insurance Company’s Offer?

The insurance company representing the liable party may contact you shortly after the accident. They may even offer you a settlement. You should never accept a settlement offer, or sign anything, from the insurance company until you have spoken to a Chicago premises liability lawyer.