Premises Liability

A property owner has an obligation and duty to ensure the safety of individuals visiting their business or residence. If the property owner neglects to uphold this duty, they could be held liable for any injury that occurs.

At Kasan Law, our Chicago and Illinois premises liability lawyers will fight for your right to obtain compensation from the responsible party. If you or a loved one has suffered a premises liability injury due to someone else’s negligence, contact our office for a free consultation and case review.

Types of Premises Liability Claims

There are several types of claims that encompass premises liability. Each incident has the potential to cause serious injuries. Our Chicago and Illinois injury attorneys handle various types of premises liability claims, including:

• Slip and Fall: An accident involving slip and fall injuries often occurs when the victim was not warned of slick, wet, icy, or surfaces covered in snow. If the property owner’s failure to correct the dangerous condition causes the surfaces to become unsafe, they may be liable for any injuries that occur. This can include failing to clean up a spill in a grocery store, among other things.

• Construction Site Accidents: Construction areas are dangerous and are often the site of accidents that cause severe injuries. There are many federal and state regulations designed to ensure the safety of workers and the public. If a property owner does not equip the site with these features, he or she may be liable for any accidents that result in injury or death. If a worker is injured, he or she should be able to recover compensation under Illinois workers’ compensation law. However, additional legal options might be available for recovering compensation.

• Negligent Security: Property owners are required to ensure the safety of a property, especially if they are aware of crimes that have occurred in the past. It is their responsibility to ensure that visitors to the property do not become victims of rape, assault, drug crimes, abduction, robbery, murder, or other crimes.

If the likelihood for crimes to occur is reasonable and foreseeable, property owners should take appropriate measures to keep people safe while on their premises, such as utilizing proper lighting, fences, barriers, or adequate door locks.

Cases of negligent security can occur anywhere, including apartment buildings, hotels, shopping centers, bars, parking garages, night clubs, college campuses, amusement parks, workplaces, and public buildings.

• Dog Bites and Animal Attacks: In Chicago and Illinois, animal owners may be liable if their animal bites or attacks another person. There are numerous reasons why a dog or other animal might attack and bite you, a child, or a loved one. However, if you are dealing with a dog bite or animal attack case in Chicago and Illinois, action must be taken to protect your rights. The owner may be liable for damages the victim suffered due to the dog bite or animal attack.

• Swimming Pool Accidents: Landlords and property owners have an obligation to prevent swimming pool accidents from occurring and children from entering pools where they could drown by providing adequate protection, such as guardrails, fences, or barriers. If these protections are not provided, and a swimming pool accident leads to drowning or injury, the property owner or landlord might be liable.

• Amusement Park Accidents: Theme parks can be highly susceptible to accidents that result in head, neck, and back injuries, as well as wrongful death. Theme park accidents are often attributed to improper property maintenance, such as mechanical failures and inadequate safety features on rides and attractions. If inadequate maintenance or security directly caused your injuries, you may be able to file a premises liability claim.

• Elevator and Escalator accidents: If an escalator or elevator has not been properly inspected, maintained, or needed repairs have been neglected, the accident victim or their family may be able to file a premises liability claim. Property owners who have an escalator or elevator on their property are required to maintain and comply with inspection laws.

• Fires: Business owners, building management, and residential property owners must provide adequate safety measures to protect against fires, prevent fire hazards, or extinguish fires. If a property owner neglects to provide proper safety measures, such as fire escapes, sprinkler systems, fire extinguishers, adequate means of escape, clear pathways to exit doors, smoke monitors, or fire alarms, they may be held liable for any injuries or deaths that result.

• Toxic Chemicals: Exposure to toxic chemicals can result in deadly conditions and horrific injuries. An owner of a property that knowingly has toxic chemicals contained on the premises has a duty to prevent the public from being exposed to any fatal toxins. This could include buildings lined with asbestos, garages, or machines containing toxic mold or dangerous carbon monoxide levels. This also could include agricultural areas or residences that possess deadly pesticides, metals, or paints containing lead. Property owners have an obligation and duty to ensure these harmful chemicals are properly contained and do not risk the public to exposure.

What Compensation is Available for Premises Liability Claims?

It is important to remember that the injured person has the burden of proving their premises liability claim. This means the injured person must gather evidence of how they were injured and how the property owner could have acted differently to prevent the condition. In general, the elements include:

• Duty of Care: It must be demonstrated that the defendant owned, occupied, or leased the property, which would make that person responsible for maintaining a safe environment for all visitors. This is referred to as a “duty of care.”

• Breach of Duty: Once you have established the defendant was the party responsible for providing a safe environment, you must prove that they failed in their duty by neglecting to adequately maintain the property. A breach of duty occurs when the defendant had a reasonable opportunity to discover and correct a hazardous condition on their property but neglected remedy the danger. 

• Causation of the Injury: You must be able to prove that the established breach of duty was the direct cause of the injury. This usually requires eyewitness testimony, photographic evidence, and medical records to prove the injury did not exist before the accident.

• Damages: The final element that must be demonstrated in a premises liability claim is that the injury victim suffered damages due to the injury. This can include medical bills, lost wages, and pain and suffering. Proving all of the required elements in a premises liability claim can be difficult. 

Common Causes of Premises Liability Injuries

Premises liability injuries can be caused by several dangerous conditions, including:

• Equipment Malfunctions
• Exposed Wiring or Broken Lighting
• Dangerous Accumulation of Water
• Lack of Safety Equipment, such as railings on stairs and ledges
• Loose or Broken Floorboard
• Broken Escalator
• Broken Elevator
• Wet Surface
• Oily Surface
• Exposed Sharp Objects
• Lack of Security, including appropriate lighting, locks on doors, or security cameras

These conditions can lead to severe injuries that may lead to life-long complications, causing the victim to accumulate massive medical bills and preventing them from living a fulfilled life.

The Chicago and Illinois premises liability attorneys, at Kasan Law, will identify the negligent party that is liable for your or your loved one’s injuries and suffering. We will help you recover from a traumatic accident and hold the at-fault party accountable for their actions.

Free Consultation

At Kasan Law, we take all personal injury cases on a contingency basis, which means you will not pay any legal fees unless we get you compensation for your case. Our consultations are free and carry no obligations.

As with any personal injury case, you must act quickly to protect your legal rights. If you or a loved one was injured due to someone else’s negligence, contact our Chicago and Illinois premises liability attorneys to schedule your free consultation by calling (312) 300-6724, e-mailing us at Info@LawKasan.com, or schedule your consultation online.