Owners of a property have the duty to keep their premises safe for anyone who has the right to be on or near it.
This can be a private home or public buildings like retail stores, grocery stores, hotels, office buildings, and more.
In the event they breach this duty, a premises liability claim can arise when a person is injured on their property.
Premises liability claims can be very complex, which is why it’s important to retain an attorney. At VanDerGinst Law, we have a skilled team of Illinois premises liability attorneys.
Types of Illinois Premises Liability Claims
There are a number of different situations where someone can sustain injuries due to the negligence of a property owner or manager. Some of these examples include:
- Slip and fall accidents: Property owners can be liable for an injury if they fail to post warnings about slippery surfaces, fail to perform adequate maintenance to ensure there are no hazards, lack adequate lighting, or do not remediate an unnatural accumulation of ice or snow.
- Lack of security: Owners of commercial establishments could be liable for injuries that occur due to lack of proper security.
- Dog bites or animal attacks: Dog bites can cause serious injuries, including disability and/or permanent disfigurement. Owners can be held liable for any injuries their animal causes, regardless of whether they knew it was dangerous or not.
- Government buildings: Any injuries sustained on government property are more complex, and the requirements to prove liability are typically far stricter.
- Swimming pools: Failure to provide lifeguard or security at a pool which can lead to someone drowning.
- Amusement park: Amusement parks can be a source of premises liability claims if there is improper ride maintenance, lack of adequate employee training, etc.
In addition to the aforementioned claims, landlords have a duty to their tenants and/or guests. The presence of mold, lead, or carbon monoxide could give cause for a premises liability claim. Property owners have a duty to inspect their properties to verify there are no gas leaks and that everything is working correctly.
The same goes for the structure. A structural defect could be something like a poorly designed balcony.
Importance of Retaining an Illinois Premises Liability Attorney
Premises liability cases are urgent. This means it’s even more important to contact an attorney right away. If you try to work with the defendant’s insurance company first and give a recorded statement, you may hamper your chance at a successful premises liability claim.
Some of the reasons you should contact an attorney right away include the opportunity to gather on-site evidence right away. It’s imperative to get scene photos and proof of what the conditions were shortly after the accident occurred. Waiting six months to contact an attorney can compromise your claim.
For example, if there was a slip and fall at a retail mall due to a structural issue. The mall could’ve already had time to correct the issue, which can hurt your case if there is no proof of the defect.
If you were injured in a premises liability case, VanDerGinst Law can help. Let one of our skilled Illinois premises liability attorneys help determine whether you have a valid premises liability action.