When a person gets hurt on land they do not own, premises liability law might allow them to collect damages from the property owner. Landowners in the state of Illinois have a legal obligation to maintain property so that it is safe for visitors. If they do not keep their premises safe, they could be considered legally negligent.
A Hoffman Estates premises liability lawyer at The Kryder Law Group could review the circumstances of your injury and let you know if you have a viable claim against the property owner. If so, your dedicated injury attorney could help you prepare your case and prove your damages. If the owner’s insurance company does not present a fair offer, a tenacious legal professional from our firm could press the matter in court.
Owners Must Keep Premises Reasonably Safe
In traditional premises liability law, property owners owe varying duties to visitors, depending on why the visitor was on the premises. For example, people who entered a property to do business had more protection than social guests.
740 Illinois Consolidated Statutes §130/ did away with that distinction. According to the new state law, every property owner owes a duty of reasonable care to anyone who enters their property with permission. Reasonable care means taking the same steps and making the same degree of effort as a reasonable person would in similar circumstances.
An experienced Hoffman Estates premises liability attorney could analyze the circumstances that led to the injury. If the injury was foreseeable and the hazard that caused it was preventable or repairable, a property owner could be responsible for paying your damages.
Circumstances That Could Lead to a Premises Liability Claim
Premises liability encompasses various accidents, incidents, and injuries that might occur on someone else’s land. Owners have a broad duty to be aware of hazards, correct them, and warn of them if immediate correction is impossible.
Slipping and falling is an event that most often leads to premises liability cases. However, many other incidents could injure a visitor and lead to a claim, including:
- Building collapses
- Crime due to negligent security
- Domestic animal attacks
- Gym or recreational facility injuries
- Infestations like bedbugs, mold, or rats
- Swimming pool accidents
- Toxic chemical releases
Many other accidents could trigger premises liability as well. A seasoned lawyer in Hoffman Estates could review your specific situation to determine whether premises liability would apply in your case.
If you proceed with a premises liability lawsuit, you must show that the property owner knew or should have known of a hazard, and it was not obvious to visitors. You must prove the owner failed to take appropriate action to reduce or eliminate the danger and you suffered harm as a result. If you can prove these elements, the property owner would be found responsible for your damages.
Attractive Nuisance Creates Liability to Young Trespassers
Premises liability usually applies only to people who enter a property with permission. Generally, property owners have no obligations to trespassers, but an exception exists protecting trespassing children.
The state’s attractive nuisance doctrine says that if a property has a feature that could lure children, the landowner must take steps to prevent a child from entering. Features that could be considered attractive nuisances include:
- Swimming pools
- Artificial water features
- Abandoned vehicles
- Construction equipment
If a child trespasses and suffers an injury due to an attractive nuisance, the landowner could be liable if they were negligent. A landowner might be negligent if removing or restricting access to the nuisance was feasible when considered against the risk it posed to children. A knowledgeable legal professional in Hoffman Estates could advise a parent whether their child’s injury might be compensable under the attractive nuisance doctrine.
Hold a Negligent Owner Accountable with the Help of a Hoffman Estates Premises Liability Attorney
If a property owner’s negligence led to your preventable injury, they should be responsible for paying your damages. Their carelessness should not cost you.
A Hoffman Estates premises liability lawyer at The Kryder Law Group is adept at negotiating reasonable settlements for accident victims who were harmed by someone else’s negligence. Schedule a case review with one of our committed attorneys today.