Chicago Premises Liability Lawyer

When you step outside your home, you’re on a mission. Whether that means a quick trip to your closest Jewel for groceries, a trip to the AMC River East 21 to catch the latest release, or heading out to Randolph Street for a dinner on Restaurant Row, you expect to accomplish your “mission” without incident.

Unfortunately, that isn’t always the case when a property owner allows an unsafe environment to cause you harm. When you are injured on someone else’s property, it can become an actionable premises liability claim. That is when speaking with Thomas Law Offices can have a positive impact on what you do next.

We’re a team of experienced attorneys who have represented many clients injured by a property owner’s negligent actions. Our attorneys have extensive knowledge of Illinois premises liability law. We also know what it takes to investigate an incident and identify all the parties that should be held accountable.

Bottom line: If you got hurt because of someone else’s actions, you shouldn’t be at a loss.

Types of Premises Liability Cases We Handle

Thomas Law Offices has provided guidance to clients who have been injured on all types of private, commercial, and public properties across Chicago.

You might not immediately recognize that you could be dealing with a premises liability case rather than an accident that you were responsible for. Which of the following types of premises liability claims might apply to your situation?

Slip and Fall Accidents

Slip and fall accidents are the most common type of premises liability claim, and they are not always the fault of the person who was injured. You might encounter wet floors in grocery or retail stores. There could be icy sidewalks outside apartments or municipal buildings.

Additionally, there could be spilled liquids or food in any Chicago restaurant where you slip. These would all be considered preventable accidents.

Cleveland Slip and Fall Lawyer

Trip and Fall Incidents

Slipping isn’t the only way that you can fall. You can also trip on uneven pavement in areas such as Logan Square. You might encounter broken steps in one of the many downtown apartment or office buildings.

Negligent Security Claims

When an assault or robbery occurs, you might think there is nothing that can be done other than let the Chicago PD handle the situation. Unfortunately, some assaults or robberies can be due to negligent security. Issues such as broken locks at apartment building entrances, insufficient security at nightclubs, or inadequate lighting in a parking garage can be considered acts of neglect.

Our Practice Areas

  • Birth Injury
  • Brain Injuries
  • Camp Lejeune Water Contamination
  • Car Accidents
  • Construction Accident
  • Medical Malpractice
  • Motorcycle Accident
  • NEC Baby Formula Lawsuit
  • Negligent Security
  • Nursing Home Abuse
  • Personal Injury
  • Philips CPAP Machine Lawsuit
  • Premises Liability
  • Product Liability
  • Sexual Assault
  • Slip & Fall
  • Social Security Disability
  • Spinal Cord Injury
  • Truck Accidents
  • Workers' Compensation
  • Wrongful Death

Elevator and Escalator Accidents

Elevators and escalators are common throughout many Chicago buildings and department stores. If a lack of maintenance causes a sudden drop or malfunction that results in injury, it could be an actionable cause.

Falling Merchandise

You don’t have to just be aware of what might cause an accident by looking down at the floor, but also by looking up. Objects that fall from tall shelves found in big-box retailers like Costco or Home Depot can cause serious injury.

Dog Bite Cases

An attack by an unleashed or aggressive dog can happen outdoors, in a public park, or on a sidewalk. It can also happen in a person’s home. When the owner of that dog has not kept them under control or warned them of possible danger. They could be held liable for their pet’s actions.

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Swimming Pool Accidents

The property owner where a swimming pool is located owes a duty of care to secure that pool with proper fencing, supervision, and safety signage. That is true for hotel owners and apartment complex owners, as it is for homeowners with a pool in their backyard.

Toxic Exposure and Fire Injuries

When carbon monoxide poisoning occurs in a rented home without detectors, or a fire breaks out due to faulty wiring in a building, it can be an actionable cause. The same can be said of lead paint poisoning in older Chicago apartments, where landlords failed to properly abate it.

If you’ve been impacted by any of the above scenarios, you owe it to yourself and your family to explore all the viable options for pursuing fair compensation.

Meet Our Attorneys

  • Mike Campbell
  • Eric Kiser
  • Alex Cassell
  • Cameryn Gonnella
  • Lindsy Lopez

Understanding Visitor Status

Before you can assert a legitimate premises liability claim against a property owner, you first need to establish your visitor’s status. In other words, did you have a right to be on the property in the first place?

In Chicago, as in the rest of the country, there are three types of visitors in premises liability claims.

Invitee

An invitee is a person who has been directly or indirectly “invited” onto the premises by the owner. Typically, this applies to a customer who enters a business to make a transaction that benefits the business owner. It’s important to remember that you don’t need to actually buy something to complete the transaction. You also don’t need a personal invitation.

The moment a store opens for business, the invitation to shop is implied.

Licensee

A licensee is someone who enters a property for their own purposes. This applies to anyone who is a guest of the owner of a private residence.

Trespasser

A trespasser is one who doesn’t have the owner’s permission to be on the property. If a trespasser sneaks onto your property and slips on ice, they can’t sue you for damages.

Proving Negligence in a Chicago Premises Liability Case

In order to prevail in a premises liability case, you and your attorney need to establish the four core elements of negligence. Those are:

  • The property owner’s duty of care is to provide a safe environment.
  • The breach of that duty of care.
  • The causation or link between the breach and your accident.
  • Your damages.

In a premises liability case, you also have to consider the notice requirement. This is directly tied to the breach-of-care issues. In a car accident, a driver who runs a red light and collides with another vehicle has clearly breached their duty of care.

With premises liability, you have to determine if and when the owner was aware of the hazard. It will either be one of the following:

Please Note: This is when the owner, manager, or staff is actively aware of the hazard. At a grocery store, an announcement of a spill in a particular aisle is actual notice.

If the owner did not repair the hazard after receiving the inspection report, they can be held liable.

Frequently Asked Questions About Premises Liability Claims

Yes. Parking lots can present hazards such as poor lighting, broken pavement, inadequate security, or improperly maintained walkways. If a property owner failed to address a dangerous condition that contributed to your injury, they may be held responsible.

It is vital to report the incident to the property owner or manager before you leave to seek medical attention. Additionally, it will help to take photographs of the accident scene, gather contact information from witnesses, and obtain any copies of the incident report. Your attorney can follow up to secure any available surveillance footage.

Potentially. Even if another customer created the dangerous condition, a business may still be liable if its employees knew about the hazard or should have discovered and corrected it within a reasonable time. For instance, a customer can knock a bottle of oil off the grocery shelf, shattering it on the floor, but it is the staff who need to warn other customers and clean up. The specific facts of the case will determine liability.

Photographs and videos can be helpful, but they are not always required.

Witness statements, incident reports, maintenance records, and other forms of evidence may also help establish how the accident occurred and who was responsible.

In some situations, yes. If your injury occurred on public property owned or maintained by a city, county, or other government agency, you may have a claim. However, special notice requirements and shorter deadlines may apply. An experienced attorney will be able to provide you with the details of those special filing requirements.

Recovering Compensation Following a Premises Liability Accident

Once you’ve established your visitor status and the property owner’s negligence, you are entitled to seek compensation. That can take the form of a settlement or a jury verdict.

Under Illinois law, you are entitled to seek the following types of compensation:

  • Medical Bills: These would be all your out-of-pocket expenses for emergency care, surgeries, hospitalization, physical therapy, medication, and any future medical needs.
  • Lost Wages: If the injury kept you from work, you are entitled to recover your lost income. That also extends to a diminished earning capacity if your injury causes a long-term disability.
  • Pain and Suffering: An injury that causes your ongoing physical discomfort, emotional distress, and loss of enjoyment of life entitles you to compensation.

The amount of your settlement can also be impacted by a modified comparative negligence doctrine. Under this doctrine, if you were partially at fault for the accident, you are still entitled to seek compensation provided your share of the fault is 50% or less.

If you’re assigned a percentage fault, your final compensation will be reduced by the amount of that percentage.

Because of this, insurance lawyers will work hard to shift the blame to you. However, just because they assert you are partially at fault doesn’t mean they are correct. If you and your attorney can provide compelling evidence about the true nature of the accident and who should be held accountable, you can receive the full amount that you’re asking for.

Our Chicago Premises Liability Lawyer Builds Your Evidence-Based Case

If you’ve been injured at a property because of the owner’s negligence, you’re entitled to seek a remedy for any losses you endured.

While it might be easy to establish how you were injured, assigning blame to a specific owner can be complicated. Fortunately, the Chicago premises liability attorneys at the Thomas Law Offices have decades of combined experience handling these exact types of claims.

Our process begins with a thorough investigation into what happened. We gather accident reports, surveillance footage, maintenance logs, inspection records, incident reports, and photographs of the hazardous condition whenever possible. We also identify and interview witnesses who may have seen the accident or can confirm how long the dangerous condition existed. The more evidence we can gather in support of your claim, the more likely we are to prevail.

We need to calculate the full extent of your damages. That can happen by collecting medical records, consulting with medical experts, and reviewing lost income. We’ll also evaluate how your injuries affect your daily life and future earning potential.

That final number will be presented in a demand letter to the relevant insurance carrier.

Timing also matters. Under Illinois law, a premises liability lawsuit must be filed within two years of the date of injury. Missing the statute of limitations could prevent you from recovering compensation altogether. We won’t let that happen.

If you were injured because of dangerous property conditions in Chicago, don’t try to navigate the process alone.

Contact Thomas Law Offices today for a free case evaluation.  The sooner we talk about what happened, the sooner you can understand what should happen next.

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