A lot goes into the opening of any business in Chicago. After the owner lined up investors, there were tons of regulations they needed to comply with. It doesn’t matter if they’re opening the next Italian beef bistro or a shoe store; a lot of work has to happen to open the doors. After that, the goal is to provide exceptional service and expand the business’ customer base. The owner must also ensure that everyone who works or visits the business will be in a safe environment.
That is referred to as a duty of care. When an act of negligence causes harm to a visitor to a business, the duty of care has been breached. That exposes the owner to a personal injury claim. For the visitor who has suffered that harm, there will be challenges ahead in holding the business owner accountable. You need an experienced Chicago premises liability lawyer.
That is the area of expertise that the Thomas Law Offices completely understands. We are a team of skilled lawyers who have helped many clients who have suffered from accidents at various Chicago businesses and properties.
Have you been injured on someone else’s property? Which of these premises liability scenarios would apply to your case:
Slips and Falls
One of the most common types of premises liability claims is also preventable: a slip and fall accident. This type of accident usually occurs when there is debris on a walkway or aisle that someone trips over. That debris can be trash, construction materials, or spilled liquids. One misstep by a customer on that debris can end in a debilitating injury. Slip and fall accidents can happen in any of the following locations:
- Grocery store
- Retail store
- Movie theater
- Restaurant
- Bar
- Office building
- School
- Church
- Medical office
The owner or their representative owes a duty of care to keep walkways clear. That responsibility extends to the interior and exterior of the property. If there is damage, like a buckled sidewalk or peeling tiles, those must be blocked off until a repair can be made. Failure to make those repairs is a clear example of negligence.
Inadequate Security
Being the victim of a crime is a traumatic violation. It is worse if that crime could have been prevented if only a property owner had provided adequate security. Obviously, a property owner has no control over a criminal’s actions. However, they have control over certain safety precautions, such as securing their property’s locks and entry points. They should also provide proper lighting in stairwells and parking lots. There should also be security guards in areas known for crime.
Inadequate security is also an issue at venues like nightclubs, bars, theaters, and concert halls where crowd control is needed. Property owners can be held liable for injuries due to a crime committed on their property when they fail to provide those security measures.
Elevator and Escalator Injuries
Countless TV shows have featured characters stuck in an elevator for drama or comedy. But there is nothing funny about that in real life. A building owner with an elevator or escalator needs to have those mechanical systems regularly inspected and maintained. If an issue arises, it has to be fixed immediately.
Porch or Stair Collapse
Outdoor porches and stairs are exposed to the elements. In Chicago, these structures are assaulted by rain, sleet, snow, ice, wind, and blistering heat, making them susceptible to collapse. Along with all the other elements on a property, these areas also need to be inspected and maintained to avoid tragedies.
Dog Bites
Premise liability cases aren’t limited to customers who are visiting a business. They can also extend to visitors to a home, apartment, or condo. In those situations, a visitor could be hurt if the property owner’s dog bites them. In those situations, the owner owes a duty of care to their guests to either warn them about the dog or secure the pet for the duration of the visit. You might not want to sue a friend whose dog bit you, but you also don’t want to pay for medical bills that weren’t your fault.
Fires
A property owner cannot eliminate the possibility of a fire breaking out on their property. However, they must ensure the building complies with all the applicable fire codes. That includes removing combustible materials and bringing the electrical systems up to code. Smoke alarms and sprinkler systems also have to be maintained according to city ordinances.
Swimming Pool Injuries
If you go to a public swimming pool like a hotel or resort, there will always be warning signs advising visitors to follow certain rules for their safety. There should also be notices about whether a lifeguard is on duty. These warning signs are a form of consent but don’t completely protect the owner from liability for a swimming pool injury.
The same can be said for a homeowner with a backyard pool. Although that pool is on their property, it could attract children in the neighborhood who can have a severe accident. A homeowner has an obligation to keep the swimming pool secured by a fence or other enclosed that would prevent what is referred to as an attractive nuisance trespasser. According to Illinois law, the homeowner could be held liable if a child sneaks onto the property and hurts themselves in the pool. They would not be held liable if they were an adult.
Understanding Visitor Status
If you decide to pursue a claim against a property owner, one of the first things your Chicago premises liability lawyer will need to establish is your visitor’s status. There are three types of visitors in a premises liability claim. They are invitees, licensees, or trespassers. Here’s what they mean:
Invitee
An invitee has been “invited” onto the premises by the owner. This applies to any customer who goes to any business intending to engage in a transaction. Keep in mind that the owner doesn’t have to extend a personal invitation.
You don’t get a call from your favorite grocery store when it is time to shop for dinner. The fact that a business is open is an invitation.
Licensee
A licensee enters a property for their own purpose as a guest of the owner. This is typically what happens in private residences. Whether designated as an invitee or a licensee, you are owed that duty of care to an environment free of injury-causing hazards.
Trespasser
The last category is a trespasser, someone who doesn’t have permission from the owner to be on the property. If a trespasser is injured, they can’t hold the property liable for those injuries. For instance, a burglar might try to break into a garage and slip and fall on the ice in the driveway. They would have no recourse, even if they didn’t steal anything.
Talk to Our Chicago Premises Liability Lawyer About Your Case
When you go shopping or visit a friend, you don’t expect to end up with a broken hip or your arm in a cast. If you feel your injuries were caused by a lack of care on the property owner’s part, you are due a remedy. That remedy can come as a cash settlement to cover your medical bills, lost wages, and pain and suffering associated with the injury. The Thomas Law Offices can help you seek that remedy.
We thoroughly understand the applicable city and state laws that can support your premise liability claim. We also understand the impact an injury can have on you and your family. Our Chicago premises liability lawyer will strive to provide you with the support and guidance to decide how to pursue a remedy.
Let’s talk about what happened. Call to set up a consultation today.
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