If you or a loved one has been injured on someone else’s property in Chicago due to hazardous conditions or negligent security, Duncan Law Group’s experienced premises liability attorneys are here to help you pursue the compensation you deserve. Whether you slipped on an unmarked, slippery surface or were hurt due to poor lighting or inadequate security, you may have a valid premises liability claim against the property owner or other responsible parties. Premises liability law holds property owners responsible for maintaining safe environments for visitors, and our dedicated team works tirelessly to hold negligent parties accountable. Don’t wait, contact Duncan Law Group today for a free consultation and let us protect your rights.
What Is Premises Liability Under Illinois Law?
Premises liability holds property owners and those in control of property legally responsible for injuries that occur due to unsafe conditions on their property. This legal duty applies to various locations, including homes, businesses, factories, and public spaces. Both private and public property owners must maintain their premises safely and take reasonable steps to warn visitors of any hazards. Failing to uphold these safety standards can lead to a premises liability claim if someone is seriously injured.
Common Hazards: Slips, Trips, and Falls on Unsafe Properties
Premises liability claims often arise from a variety of hazardous conditions on both commercial and residential properties. Typical causes include:
- Wet or slippery floors due to spills, rain, or ice
- Snow and ice accumulation on sidewalks, stairs, and entryways
- Uneven walkways, cracked or crumbling sidewalks, and potholes
- Unmarked or poorly marked obstacles such as cords, debris, or cluttered pathways
- Poor lighting in stairwells, hallways, parking lots, and entrances
- Broken, loose, or uneven stairs, steps, or handrails
- Torn or loose carpeting and unsecured floor mats
- Defective escalators or elevators
- Construction zones with unsafe or changing traffic patterns
- Holes, sinkholes, or ground subsidence on the property
- Lack of warning signs for known hazards such as wet floors or maintenance work
These unsafe conditions create significant risks of injury to lawful visitors, and property owners may be held liable if they failed to maintain the premises safely or warn of potential dangers.
Negligent Security and Inadequate Maintenance Issues
Property owners in Illinois may be held liable for injuries resulting not only from hazardous conditions but also from criminal acts committed on their property if they failed to provide adequate security measures. This could involve insufficient lighting in parking lots or hallways, lack of security personnel, broken locks, or failure to respond to known risks of criminal activity. Injuries caused by assaults, robberies, or other violent crimes that occur because of such negligence can form the basis of a negligent security claim under premises liability law.
However, it is important to understand that negligent security claims are distinct from criminal cases. While criminal law prosecutes the person who committed the crime, premises liability claims are civil lawsuits that seek compensation from the property owner who allowed the dangerous condition to exist. Victims may pursue compensation for medical bills, lost wages, pain and suffering, and other damages through civil litigation even if the perpetrator of the criminal act is not convicted or lacks the means to pay damages.
Similarly, property owners may be liable for injuries caused by construction defects, hazardous materials, or faulty installations that result from inadequate maintenance or repair. These cases fall under premises liability when the property owner failed to maintain a reasonably safe environment for visitors.
Establishing Liability in Chicago Premises Cases
Illinois law requires property owners to exercise reasonable care to maintain safe premises for visitors, regardless of whether they are invitees (such as customers or business visitors) or licensees (social guests). Illinois does not distinguish between invitees and licensees in terms of duty of care, requiring reasonable care under the circumstances for both.
Trespassers are owed a lesser duty, generally limited to protection from willful or wanton harm, but exceptions can apply, such as for injured children under the Attractive Nuisance Doctrine.
Duty of Care for Invitees, Licensees, and Trespassers
In order to hold someone accountable under premises liability, you must be able to prove four specific elements:
- The property owner owed you a legal duty;
- The legal duty was breached by the property owner;
- Your injuries were a result of this breach of duty; and
- Specific damages can be linked to your injuries.
If someone you love died from a premises liability case, speak with a qualified wrongful death lawyer in Chicago.
Proving Negligence: Evidence and Expert Testimony
To prove negligence and establish liability, you must show that the property owner knew or should have known about the hazardous condition and failed to fix it or warn you. Important evidence includes photographs of the hazard, maintenance logs, incident reports, witness statements, and expert testimony, which strengthen your claim by demonstrating the owner’s awareness and neglect.
If you lost a loved one due to an unsafe condition on someone else’s property, wrongful death claims can be pursued with the help of a qualified wrongful death attorney.
Compensation for Premises Liability Victims
Victims of premises liability incidents may be entitled to various types of compensation to address both financial losses and the physical and emotional toll of their injuries.
Economic Damages
These cover tangible financial losses directly related to the injury. Economic damages typically include medical bills for emergency care, surgeries, hospital stays, medications, physical therapy, and future medical treatments. Lost wages from missed work and any reduction in future earning capacity are also compensated. Additionally, victims may recover costs for rehabilitation, necessary household services, and sometimes property damage caused during the incident.
Non-Economic Damages
These address the intangible impacts of injuries. Compensation may be awarded for pain and suffering, mental anguish, emotional distress (such as anxiety or depression), disfigurement, loss of enjoyment of life, and loss of consortium with family members. In tragic cases involving wrongful death, surviving relatives may seek damages for funeral expenses, loss of companionship, and the emotional devastation caused by their loved one’s death.
Together, these damages aim to provide victims with financial resources to cover immediate and long-term needs, helping you recover and rebuild your life after a premises liability injury.
Duncan Law Group's Approach to Premises Liability Claims
Our team rigorously investigates incidents by reviewing property conditions, maintenance logs, and security measures, and negotiates aggressively with insurance companies to ensure you receive the compensation you deserve.
Case Investigation and Negotiation Tactics
At Duncan Law Group, we conduct thorough investigations into each premises liability case, meticulously examining property conditions, maintenance records, and security protocols. Our team leverages this detailed information alongside expert analysis to build a strong case. We then negotiate assertively with insurance companies to secure the maximum compensation possible for our clients.
Proven Outcomes: Settlements for IL Clients
Duncan Law Group has secured substantial compensation for clients injured due to unsafe property conditions across Illinois, demonstrating our commitment to holding negligent property owners accountable. Some notable premises liability settlements include:
- $1,800,000 settlement for a traumatic arm amputation resulting from a farm injury
- $525,000 settlement for the aggravation of a pre-existing back condition
- $305,000 settlement for a knee injury requiring surgery
- $180,000 settlement for the worsening of a lumbar spine condition
- $160,000 settlement for nursing home negligence causing a fall
- $120,000 settlement for a dog bite injury
Our firm fights aggressively for victims in these cases, ensuring recoverable damages cover medical bills, rehabilitation, pain and suffering, and other losses related to premises liability injuries. Partner with Duncan Law Group to benefit from experienced attorneys with a proven track record of obtaining justice for injury victims. Call (312) 202-3283 to get started or visit us online.
Frequently Asked Questions About Premises Liability in Chicago
How much time do I have to file a premises liability claim in Illinois?
You generally have two years from the date of your injury to file a claim. Exceptions apply if the injury was discovered later or if the victim is a minor.
What happens if I was partially at fault for my injury?
Illinois follows a modified comparative negligence rule where your compensation may be reduced based on your share of fault, but you can still recover damages if you are 50% or less responsible.
What types of damages can I recover?
You can seek economic damages such as medical bills and lost wages, and non-economic damages including pain and suffering and emotional distress.
Who can be held liable for my injury?
Property owners, landlords, business owners, contractors, and government entities responsible for property maintenance can be held liable for premises injuries.
Do I need a premises liability lawyer?
Yes, an experienced slip and fall attorney or negligent security lawyer Chicago trusts can help prove liability, gather evidence, and negotiate with insurance companies for full compensation.
