You may not often think about this fact, but any time you enter a property that is not your own, you may be at risk suffering an injury. If the owner or occupier of the property—whether it is an apartment complex, a hotel, your neighbor’s home, a store, or even a private parking lot—was aware of a dangerous condition and failed to take timely and reasonable steps to repair or change that condition, you may be eligible to recover compensation for any injuries you suffer. To seek compensation effectively, however, you need an experienced and knowledgeable DuPage County premises liability lawyer to stand up for your rights. The sooner you consult with a caring personal injury attorney, the better it may reflect upon your case.
Premise Liability Law Basics
According to 740 ILCS 130, also known as the Premises Liability Act, property owners—and sometimes occupiers—in Illinois have a legal duty to keep their property safe for others. If they were aware of a potential hazard that visitors to the property may face and fail to do something to mitigate or warn about it, they may be liable for any damages suffered because of it.
For example, store owners have a duty to keep their floors clean and dry. If a spill is not mopped up in a timely manner and a customer slips and gets hurt, a DuPage County premises liability attorney may be able to find the store owner liable for the damages the customer incurred. Likewise, if a landlord fails to fix an old deck which then comes apart and causes injury to one of their tenants, they may also be found liable.
Proving Negligence in Premise Liability Cases
A seasoned premises liability lawyer in DuPage County may have a reliable strategy for proving negligence in these cases. This strategy should examine questions and issues such as:
- Duty – Was the claimant on the property lawfully?
- Breach – Did the property owner fail to correct a dangerous condition within a reasonable amount of time or at least warn the plaintiff about it?
- Causation – Did the plaintiff’s injuries arise directly from negligence by the property owner or occupier?
- Damages – Was there actual physical, emotional, or financial harm suffered by the plaintiff as a result of their injuries?
What About Trespassers?
Under the Illinois Premises Liability Act, adult trespassers on private property are not given the same rights and protections as parties who were given permission to be on the property. A property owner owes no duty of care to an adult trespasser, other than to refrain from willful or wanton conduct that may endanger the safety of a known trespasser.
How a DuPage County Premises Liability Attorney Could Help
For compassionate and reliable premise liability representation, look no further than an experienced DuPage County premises liability lawyer. A skilled attorney could take the time to truly understand how your injuries occurred, as well as the extent to which they have changed your life or caused unnecessary stress in the form of doctor’s appointments, pain, medical bills, and other losses.
Your lawyer could use this information and their own understanding of premises liability law to show the defendant—and, if necessary, a civil judge a jury—how the negligence of the defendant has negatively impacted your life. To learn more about your legal rights and options after suffering an injury on the property of another party, call today.