Premises Liability

Palatine Premises Liability Lawyer

It is important for property owners and occupants in Palatine, IL, to ensure the safety of visitors on their premises. If there is a danger, it should either be addressed before it causes harm to others or if it can’t be fixed on time, then visitors should be clearly warned of the danger.

If you suffered injuries or property damage due to an accident on someone else’s property, you could have legal grounds to file a premises liability claim or lawsuit. However, there are several legal aspects you need to consider before initiating legal action to recover compensation for your damages. You can benefit from hiring a premises liability lawyer who can assess your case and guide you on your best legal options.

Understanding Premises Liability Laws In Illinois

According to the Illinois Premises Liability Act, property owners and operators have a legal duty of care to invitees and licensees. The invitee is a person who has been explicitly invited onto the property, such as a customer in a store or restaurant. The licensee is a person who has implicit permission to remain on the premises, such as friends and acquaintances who visit the property.

Property owners and operators are required to maintain their premises in a reasonably safe condition and address any foreseeable hazards. However, the property owner has no duty to a trespasser until their presence on the premises is known or should be known. Trespassers are afforded very little protection according to Illinois laws. Anyone who enters the property without the owner’s permission or to commit a crime can be considered a trespasser.

The premises liability cases in Illinois are based on the principle of negligence. If the property owner or operator is found to be guilty of not maintaining safe conditions on their premises or failing to address the danger in a timely manner, they could face serious legal consequences for their negligence

If the visitor ignored warning signs or behaved recklessly on the premises, they could be at fault for the accident. Illinois has adopted the modified comparative negligence for compensatory damages. Based on this system, the plaintiff is able to recover compensation if they are partially at fault, however, if their share of fault exceeds 50 percent, then they lose their right to recover compensation.

Generally, premises liability cases in Illinois have a two-year statute of limitations. This means that the victims have a two-year window from the date of the injury or the date when the injury was discovered to initiate legal action.

Proving Liability in Premises-Related Accidents

There are four elements to establish liability in a premises liability case. The first is to prove that the defendant, such as the property owner, operator, or maintenance company, owed a duty of care toward you. For example, if you are visiting a retail store, it is the legal duty of the store owner, manager, or other responsible party to ensure reasonably safe conditions on site.

You also need to prove that the liable party violated the duty of care. For example, if the retail store manager failed to eliminate the hazard of a spilled liquid on the floor or failed to warn people about the hazard, then the manager, or other responsible party, would have breached their duty of care. The breach of duty of care is one of the most disputed elements of a premises liability case. The defendant might use a legal defense such as a lack of knowledge about the unsafe conditions.

Establishing liability also requires the defendant to prove the breach directly caused their injury and show proof of the resulting damages. In most premises liability cases, the defendant can claim compensation for expenses such as lost wages, medical bills, pain and suffering, and more. As each case is unique, you would need to consult with a Palatine premises liability attorney to determine the damages you can recover for your case.

Exploring Different Types Of Premises Liability Cases

There are various types of premises liability cases. A slip and fall accident or dog bite incident on someone’s property can be considered a premises liability case. Similarly, if negligent security results in an assault or robbery, then the owner of the property could be held liable for the victim’s damages. Other common cases include construction site accidents, elevator accidents, and swimming pool accidents.

Legal Process To Recover Compensation

The first step in the legal process to recover compensation is to determine if you have legal grounds to file a claim. A premises liability lawyer in Palatine can help you establish liability for the accident. Once you have a clear understanding of who was at fault for your damages and have identified the hazardous condition that caused you harm, you can initiate legal action against the at-fault party.

You will need solid evidence to support your case. The most commonly used evidence in such cases includes eyewitness testimony, surveillance footage, photos or videos of the accident site, medical records, and a history of prior incidents or complaints against the defendant.

The legal process for a premises liability case includes sending a demand letter to the at-fault party. It is likely that the insurance company of the at-fault party will contact you to engage in negotiations However, if no settlement is reached, then the case goes to trial, where a judge or jury renders a verdict after listening to the arguments from both sides.

The Role of a Palatine Premises Liability Lawyer

A premises accident attorney in Palatine handles all legal aspects of the case, from the initial consultation to potentially taking the case to trial. Using their deep understanding of premises liability laws and regulations in Palatine, the attorney can guide you on your rights and responsibilities. Also, they can use their legal expertise to guide you to the best strategy to maximize compensation. Please contact us to consult with an attorney at The Law Office of Jack M. Shapiro. We specialize in protecting your rights and pursuing just compensation in premises liability cases. Allow us to fight for your rights and get you the justice you deserve. Call us today.