A serious accident could happen in an instant in Chicago due to a dangerous property element or defect. If you or a loved one was injured in a recent accident while on someone else’s property in Chicago – including a bar, restaurant, hotel, Airbnb, or other public place – contact a personal injury lawyer in Chicago from Meyers & Flowers to discuss a potential premises liability claim. You may be eligible for financial compensation. We offer free initial case evaluations at our local law office.
Table of Contents
- Why Choose Meyers & Flowers
- Premises Liability Overview
- Who Can I Hold Legally Liable in a Premises Liability Claim
- How to Prove Premises Liability in Chicago
- Defenses in Premises Liability
- What Kind of Damages Award Can I Expect From a Premises Liability Claim
- What to Do After a Premises Accident in Chicago
- Contact Us
Why Choose Meyers & Flowers for Premises Liability Claims?
When facing a premises liability claim, selecting a legal partner who understands the complexity of your case is essential. Meyers & Flowers stands out with a team of premises liability attorneys in Chicago with proven experience handling these specific types of claims. We’ll provide you with a meticulous assessment of your situation, ensuring that all aspects are considered for a comprehensive claim.
Your trust is paramount; hence, Meyers & Flowers emphasizes a clear and transparent communication channel from the onset. Our approach includes keeping you informed throughout the legal process, offering peace of mind that every step taken is in your best interest. We leverage our knowledge of premises liability law to advocate for your rights effectively, which is fundamental to securing the compensation you deserve.
Meyers & Flowers is here to help our clients who have been injured on someone else’s property due to negligence. We work tirelessly to hold property owners accountable for their negligence and seek the compensation our clients deserve for their injuries. With help from our premises liability lawyer in Chicago, you can trust that your case will be handled with the utmost care.
What Is Premises Liability?
Premises liability refers to the legal responsibility of property owners and occupiers for injuries and accidents on their property. This concept is based on the idea that property owners have a duty to maintain a safe environment for anyone who enters their premises.
The legal principles of premises liability hold property owners accountable for taking reasonable steps to prevent accidents and injuries on their premises. Examples include:
- Conducting regular inspections
- Addressing potential hazards
- Providing warnings or barriers when necessary
When a property owner fails to meet this duty of care and someone is injured as a result, the injured party may have grounds to file a premises liability claim and seek compensation for their damages.
What Are the Elements of a Premises Liability Claim?
Premises liability cases often hinge on the concept of comparative negligence, where the property owner’s failure to uphold their duty of care directly contributes to an injury or accident. To establish liability, the injured party must demonstrate that the property owner knew or should have known about the hazardous condition and failed to take appropriate action to address it.
This area of law encompasses a wide range of scenarios, from slip and fall accidents in retail stores to dog bites in residential neighborhoods, and it plays a crucial role in protecting the rights of individuals who are harmed due to unsafe property conditions.
Types of Premises Liability Cases We Accept in Chicago
Meyers & Flowers is a premier personal injury law firm in Chicago with a highly experienced team of attorneys. We have experience handling a wide range of different types of premises liability claims in Illinois and on a national level.
We can help if you or a loved one was injured in any of the following types of accidents:
- Slip, trip, and fall
- Swimming pool accident
- School or daycare incident
- Dog bite injuries or animal attacks
- Elevator or escalator accident
- Structural collapse
- Falling object accident
- Fire or explosion
- Electrocution incident
- Inadequate property security
- Toxic exposure
These incidents often point to issues with how a property in Chicago was controlled and maintained. We will carefully investigate your accident to search for signs of negligence or fault and collect evidence to support a premises liability claim, if applicable.
Who Can I Hold Legally Liable in a Premises Liability Claim?
The answer to this question depends on the circumstances of your individual case. While the obvious choice is the person or party who owns the private or commercial property, other options may exist. A review by our Chicago premises liability attorneys can help you understand the parameters of your specific case.
Property Owners and Occupiers
You may hold these individuals or entities liable if they fail to maintain a safe environment for visitors. This includes ensuring the premises are free from hazards and that sufficient warnings are provided for any potential dangers.
Examples:
- Poor lighting leading to a fall
- Icy walkway not salted or cleared
Landlords
In some cases, a landlord can be held responsible if negligence in the maintenance of the property leads to an injury, especially if the landlord had knowledge of the hazardous condition and did not take action.
Examples:
- Known structural hazards left unrepaired
- Faulty electrical wiring causing fire or electrocution
Management Companies
Often, property owners delegate responsibilities to management companies. These companies can also be held liable for negligence in maintaining safe premises.
Examples:
- Inadequate security leading to an assault
- Not addressing reported hazards in communal areas
Government Entities
If your injury occurred on public property, such as a sidewalk or park, you might have a claim against a municipal or state government. However, the rules for suing the government are more stringent and require adherence to specific procedures and timelines.
Examples:
- Tripping on an uneven public sidewalk
- Accidents due to improperly maintained public facilities
Tenants
Although less common, a tenant may be held liable if they cause a dangerous condition that leads to an injury.
Examples:
- Creating obstructions in shared pathways
- Leaving spills uncleaned in a rented venue
Individuals injured on someone else’s property must prove that the injury was a foreseeable result of the owner’s failure to exercise reasonable care. Consult with a premises liability lawyer in Chicago, such as our team at Meyers & Flowers, to determine the appropriate party to hold liable for your circumstances.
How to Prove Premises Liability in Chicago
In a premises liability claim, the four elements of negligence that need to be established are duty, breach of duty, causation and damages.
Duty
The first element, duty, refers to the legal obligation that a property owner or occupier has to maintain a safe environment for individuals who enter the premises. This duty extends to both invited guests and, in some cases, even trespassers under certain circumstances. Establishing the existence of a duty of care is fundamental to a premises liability claim, as it forms the basis for the property owner’s responsibility for the safety of those on their property.
Breach of Duty
The second element, breach of duty, involves demonstrating that the property owner failed to uphold their duty of care. This may include evidence of negligent maintenance, failure to address known hazards, or inadequate warnings or safeguards. Proving a breach of duty is essential in showing that the property owner did not fulfill their legal obligation to maintain a safe environment, thereby exposing individuals to unnecessary risks.
Causation
Causation, the third element, requires establishing a direct link between the property owner’s breach of duty and the injuries suffered by the claimant. This involves demonstrating that the property owner’s hazardous condition or negligent actions were a substantial factor in causing the accident and resulting harm. Providing evidence to support this causal connection is crucial in establishing the property owner’s liability for the injuries sustained on their premises.
Damages
The final element, damages, involves demonstrating the extent of the harm suffered as a result of the premises-related accident. This may include physical injuries, emotional distress, medical expenses, lost income, and other tangible and intangible losses. Proving the existence and extent of damages is essential in seeking compensation for the injuries and hardships experienced due to the property owner’s negligence.
Defenses in Premises Liability
Property owners may utilize specific defenses to mitigate or negate liability in premises liability cases. These defenses can shift responsibility or demonstrate the fulfillment of their legal duties.
Comparative Fault
Comparative Fault involves assessing your actions alongside the property owner’s responsibilities. If you contribute to your own injury, such as ignoring warning signs, your compensation may be reduced. This principle is state-dependent; some states apply a pure comparative fault system, while others use a modified version, limiting recovery if you are more than 50% at fault.
Assumption of Risk
If you have Assumed the Risk, it means you’ve recognized and accepted potential dangers. When you participate in activities like skiing or skateboarding, you implicitly agree to the inherent risks, which can limit the property owner’s liability.
Trespasser Defenses
Property owners owe different duties to trespassers compared to invitees or licensees. Generally, owners must refrain from willful or wanton harm. Attractive nuisance doctrine can be an exception for child trespassers. If you enter without permission, the owner’s duty to warn or make the property safe dramatically diminishes.
What Kind of Damages Award Can I Expect From a Premises Liability Claim?
In a premises liability claim, your damage award is typically categorized into compensatory damages, which are meant to “make you whole” again after your injury. Examples include the following:
- Medical expenses: These include costs for hospital stays, medications, medical treatments, and rehabilitation.
- Lost wages: If you’ve missed work due to your injury, you may be reimbursed for lost income and earning capacity.
- Pain and suffering: Compensation for the physical and emotional distress caused by your injury.
- Loss of enjoyment: You may receive damages if your injuries prevent you from participating in hobbies or other activities.
- Punitive damages: In rare cases, if the negligence was especially egregious, you might be entitled to punitive damages. These are intended to punish the wrongdoer and deter similar behavior in the future.
Remember, the specific amount you can expect will vary based on the magnitude of your injuries, the evidence available, the property owner’s level of negligence, and your jurisdiction’s laws. It’s crucial to consult with a Chicago premises liability attorney at Meyers & Flowers, who can assess your individual situation and help you understand the potential value of your claim.
What to Do After a Premises Accident in Chicago
If you get hurt while on someone else’s property in Chicago due to a premises hazard or defect, it’s important to take the right steps to protect your health and legal rights. Here’s what to do:
- Don’t delay in seeking medical care. Even if you feel fine, see a doctor. You may have injuries or illnesses with delayed or hidden symptoms.
- Notify someone. Tell the property owner, landlord, manager, or your employer (if you were at work) about the accident and your injuries. Request a written accident report.
- Collect evidence. Keep the clothing and shoes you were wearing. Take pictures of any visible hazards at the accident scene. Get the contact information of eyewitnesses.
- Determine liability. With help from an attorney, identify who is responsible for the property where your accident took place. Contact them to request their insurance information.
- Contact an attorney. Before filing your insurance claim, consult with a lawyer in Chicago for assistance. Allowing an attorney to handle insurance negotiations can maximize your settlement.
Keep all records and documentation associated with your premises-related accident. Bring this information to a free consultation at Meyers & Flowers to discuss your particular claim with an attorney.
Contact Our Chicago Premises Liability Lawyers Today
If you recently suffered a serious injury due to a property owner’s negligence in Chicago, waste no time in seeking legal advice from the knowledgeable premises liability lawyers in Chicago at Meyers & Flowers. We will listen to your story and provide tailored legal advice at no cost or obligation to hire us. We are passionate about holding land and property owners accountable. To assert your rights and begin the journey to justice in your premises liability case, contact Meyers & Flowers today to book a consultation. Call our local Chicago law office directly at (630) 232-6333.