Visiting someone’s home or business always carries some element of risk, but it is a property owner’s legal duty to minimize that risk for you as much as possible. Unfortunately, not every landowner fulfills this responsibility to the extent that they should, and all too often the end result is a serious accident that leaves a visitor with long-lasting injuries.
If a landowner’s negligence was the primary cause of an injury you suffered, you should contact an Elgin premises liability lawyer about your legal options. Depending on the circumstances, a qualified personal injury attorney at The Kryder Law Group could help you recover not only for the short-term financial and professional impacts of your injury, but also for any long-term ramifications.
Elements of a Successful Premises Liability Claim
Like most other civil claims demanding restitution, cases built around premises accident law are built around the legal principle of negligence. In practice, this means an injured individual must show that they sustained an injury requiring professional medical care while on someone’s land. They also must show that their damages stemmed directly from the owner failing to act in a reasonable way with regard to property upkeep and care for visitors.
Under the Illinois Premises Liability Act, landowners are obligated to use “reasonable care” in regularly inspecting their land, identifying potential hazards, and repairing them as quickly as possible. In the meantime, property owners must warn lawful visitors of all known dangers that are not so obvious that any reasonable person would see them and understand them to be dangerous.
What constitutes a “hazardous condition” can vary somewhat depending on the situation. For example, a parking lot that is not well lit at night may be dangerous because of the increased tripping hazard, because it increases the risk of crime occurring, or both. However, landowners generally have no duty whatsoever to protect trespassers from accidental harm on their land, although there are some exceptions an Elgin property liability attorney could further explain if applicable.
What Damages Could Be Compensable in Elgin?
Once an injured person establishes that a property owner bears responsibility for their injuries, they can demand restitution for all repercussions their injuries have. Recoverable damages in a particular claim will vary based on the specific harm an individual plaintiff suffered, but may include:
- Past and future medical expenses
- Physical pain and discomfort
- Lost work income and working capacity
- Emotional/psychological trauma
- Personal property damage
- Lost enjoyment of life
Importantly, any percentage of fault that a court assigns an injured party for causing or worsening their own damages may lead to a proportional reduction in their final damage award’s value, in accordance with 735 Illinois Compiled Statutes §5/2-1116. Support from a skilled lawyer can be especially vital to contesting allegations of this nature during a premises accident claim in Elgin.
Talk to an Elgin Premises Liability Attorney Today
Injuries sustained on another person’s land can have devastating consequences for months or potentially years afterwards. Dealing with those consequences can be particularly frustrating if you know they only happened because of the landowner’s misconduct. Fortunately, you have legal options in situations such as this that dedicated legal counsel could help you proactively utilize.
A capable Elgin premises liability lawyer could be your steadfast ally from beginning to end of whatever legal proceedings you pursue. Call The Kryder Law Group today to learn more.