Many accidents that happen away from home could fall under an area of law called premises liability. People who own businesses or invite people onto their property are responsible for a visitor’s safety and could be liable if a visitor gets hurt.
If you were injured while on someone else’s property, contact a Des Plaines premises liability lawyer as soon as possible. The owner could be responsible for paying you compensation for all the losses you suffered from an accident. Seek out the help of a personal injury attorney from the Kryder Law Firm.
Premises Liability Covers a Variety of Accidents
A property owner could be liable whenever someone suffers an injury on their property. Although many people think of slip and fall claims when they think of premises liability, property owners could be responsible for many other types of accidents.
Animal attacks, sports injuries, drowning and near-drowning, and elevator and escalator accidents are premises liability claims. An injury suffered in a fire, explosion, or industrial accident could also lead to premises liability. A victim of a crime in a mall, parking garage, or apartment complex could bring a premises liability claim against an owner for not providing adequate security.
A Des Plaines dangerous property attorney could investigate an accident and determine whether an owner’s negligence contributed to it. If so, an owner could be responsible for damages under premises liability.
Your Conduct Could Affect Your Damages
Many premises liability claims happen because both an owner and an injured person were negligent. For example, if an individual slipped on stairs because of a broken handrail, an owner could be liable for the injuries. But if an injured person was texting while descending the stairs and the distraction contributed to an accident, they might be liable too.
Illinois follows a modified comparative fault theory which holds each party responsible for the consequences of their actions. According to 735 Illinois Consolidated Statutes §5/2-116, a person whose negligence contributed to their injuries cannot collect all their damages. Instead, a court will assign a percentage of fault to each party and deduct an injured person’s portion from their damages. In other words, if an injured person is 20 percent responsible for an accident, they could collect only 80 percent of their damages.
Many potentially negligent property owners and insurance companies use the contributory fault doctrine to shift blame onto an injured person and reduce liability. An experienced lawyer in Des Plaines knows how to find and present evidence that an injured person had far less responsibility for a premises liability accident than an owner.
Premises Liability and Trespassing Children
In general, landowners do not owe trespassers damages if they are injured while on a property without permission. This is because a trespasser assumed the risk of injury by breaking the law and entering without a landowner’s knowledge.
However, if a child is hurt while trespassing, a landowner could be liable if a property contains an attractive nuisance, which is an artificial feature that entices a child onto a property. Examples of features that might be attractive nuisances include:
- Swimming pools
- Construction equipment
If a landowner knows there are children in the area and there is a feature on a property that might cause them to trespass, a landowner must take reasonable steps to prevent children from entering. If a child was hurt while on another party’s property without permission, a Des Plaines premises liability attorney could evaluate whether a family could seek damages from a landowner.
Hold Property Owners Accountable with a Des Plaines Premises Liability Attorney
Property owners are responsible for keeping their premises in a reasonably safe condition. If an owner failed to do so and you were injured, you could file a lawsuit seeking compensation.
Premises liability law can be complicated, but it is always worth exploring whether you have a case. Make an appointment to speak with a Des Plaines premises liability lawyer today.