Illinois Property Liability Attorney
Property liability is often misunderstood. Many think that if they are not the property owner, they are not liable for any injuries on it. Others believe that property owners are automatically liable for all injuries that happen on their land. The reality is somewhere in between the two beliefs.
Property liability generally falls into one of three categories: dangerous conditions, landlord/tenant law, and attractive nuisances.
Dangerous conditions are self-explanatory. If there is a condition on the property that poses an unreasonable risk of harm, the property owner may be held liable if someone is injured. For example, if a hole in the ground is not properly marked and someone falls in, the property owner may be held liable.
Landlord/tenant law is a bit more complicated. In general, landlords are not automatically liable for injuries that take place on their property. However, there are certain situations where they may be held responsible. For example, if the landlord knew or should have known about a dangerous condition on the property and did not take steps to fix it, they may be held liable if someone is injured.
Attractive nuisances are a bit of a blend between dangerous conditions and landlord/tenant law. An attractive nuisance is something on the property that may attract people onto the land, even if they are not invited. For example, a swimming pool or trampoline would be considered an attractive nuisance. The property owner may be held liable if someone is injured while on the property because of an attractive nuisance.
Hess Injury Law is here to help if you have been injured on someone else’s property. We will investigate the circumstances of your accident and determine who may be held responsible. If you have a case, we will fight to get you the compensation you deserve. Contact us today for a free consultation.
Common Types of Property Liability Cases (And the Parties Liable)
Slip, Trip, and Fall Accidents
A slip and fall accident occurs when someone slips, trips, or falls on another person’s property and is injured as a result. These accidents are usually the result of a dangerous condition on the property, such as a wet floor, an uneven surface, or a hole in the ground.
If you have been injured in a slip and fall accident, the first step is to determine who is responsible for the dangerous condition that caused your accident. In most cases, it will be the property owner or the person in charge of maintaining the property. However, there are some exceptions. For example, if you were injured in a slip and fall accident at a business, the business owner may not be liable if they can show that they had no knowledge of the dangerous condition and could not reasonably have been expected to know about it.
Once you have determined who is responsible for the dangerous condition, you will need to prove that they were negligent in their duties. This means showing that they knew or should have known about the dangerous condition and failed to take steps to fix it. If you can do this, you may be able to recover damages for your injuries.
Dangerous Conditions on the Property
A dangerous condition is any type of hazard that poses an unreasonable risk of harm. For example, if a hole in the ground is not properly marked and someone falls in, the property owner may be held liable. Other dangerous conditions include slippery floors, loose railings, and exposed electrical wires.
To hold the property owner liable, you will need to show that they knew or should have known about the dangerous condition and did not take steps to fix it. This can be difficult to prove, so it is important to have an experienced Illinois property liability attorney on your side.
Dog Bites and Attacks
If you are attacked or bitten by a dog, the dog’s owner may be held liable. In most cases, the owner will be held liable regardless of whether they knew their dog was dangerous. However, there are some exceptions. For example, if the victim was trespassing on the property at the time of the attack, the owner may not be held liable.
Occupational Exposure to Hazardous Materials
If you are exposed to hazardous materials at your job, you may be able to hold your employer liable. This is particularly true if your employer knew or should have known about the hazard and did not take steps to protect you.
Negligent Security
If you are attacked or robbed on someone else’s property, the property owner may be held liable if they did not take reasonable steps to ensure the safety of their guests. This is known as negligent security. For example, if a property owner fails to install proper lighting in a parking lot and someone is mugged, the property owner may be held liable.
Infections from Swimming Pools
If you contract an infection from swimming in a pool, the pool’s owner may be held liable. This is especially so if the owner knew or should have known about the hazard and did not take steps to protect swimmers.
Injuries to Children
If a child is injured on someone else’s property, the property owner may be held liable. This is because children are not able to appreciate dangers in the same way that adults can.
Damages from Property Liability Accidents in Illinois
If you are injured in a property liability accident, you may be able to recover damages for your injuries.
These damages can include:
- Medical expenses: Costs associated with your medical treatment, including hospitalization, surgery, and rehabilitative care.
- Lost income: Wages lost from being unable to work.
- Pain and suffering: Physical and emotional anguish caused by the accident.
- Permanent disability: Disabilities that prevent you from working or participating in activities you enjoyed before the accident.
- Emotional distress: Mental anguish caused by the accident.
- Loss of consortium: The loss of companionship and support experienced by a spouse as a result of the victim's injuries.
- Wrongful death: Compensation for the death of a loved one caused by the accident.
Punitive Damages from Property Liability Accidents in Illinois
In some cases, you may also be able to recover punitive damages. These damages are designed to punish the at-fault party and deter future misconduct. To recover punitive damages, you will need to show that the at-fault party acted with malice or gross negligence.
In other words, you will need to show that the at-fault party knew their actions were likely to result in harm but did not care. For example, if a property owner leaves a hole in the ground uncovered and someone falls in, the property owner may be ordered to pay punitive damages if it can be shown that they knew about the hazard and did not take steps to fix it.
The amount of punitive damages you can recover will depend on the severity of the at-fault party’s misconduct. In Illinois, there is no cap on the amount of punitive damages that can be awarded.
How a Property Liability Attorney in Illinois Can Help
You may be entitled to compensation for your injuries if you have been injured in a property liability accident.
A Hess Injury Law premises liability attorney can help you by:
- Investigating the accident and gathering evidence to support your claim
- Identifying the responsible parties and holding them liable
- Negotiating with insurance companies on your behalf
- Filing a premises liability lawsuit, if necessary
- Representing you in court, if necessary
You may be disadvantaged when pursuing a premises liability claim without an attorney. Insurance companies will have their own team of adjusters, investigators, and attorneys working to minimize the amount they have to pay out. An experienced attorney levels the playing field by fighting for your rights and ensuring that you are fairly compensated for your injuries.
Illinois Statute of Limitations for Property Liability Claims
If you have been injured in a property liability accident, it is important to be aware of the statute of limitations. This is the deadline for filing a premises liability lawsuit. In Illinois, the statute of limitations for premises liability claims is two years from the date of the accident. This means you have two years from the date of the accident to file a lawsuit. If you do not, you will be barred from recovery.
You may be wondering why there is a deadline for filing a premises liability lawsuit. The answer is that it becomes more difficult to gather evidence and witness testimony over time. This makes it unfair to the at-fault party if they are being sued years after the accident occurred.
The two-year statute of limitations may be extended in some cases, such as when the victim is a minor or when the at-fault party is a government entity. An experienced premises liability attorney can advise you on whether the statute of limitations has been extended in your case.
Get Help from an Experienced Property Liability Attorney
If you have been injured in a property liability accident, our experienced personal injury attorneys can help. We have recovered millions of dollars for our clients and we are here to fight for you.
Contact us today for a free, no-obligation consultation. We will review your case and advise you on the best course of action. If you decide to hire us, we will work on a contingency fee basis, which means you will not owe us anything unless we recover compensation for you.
Frequently Asked Questions about Illinois Property Liability Accidents
If you are injured in a slip and fall accident, you should first seek medical attention. Once a doctor has seen you, you should contact an experienced premises liability attorney to discuss your case. An attorney can help you by investigating the accident, gathering evidence, and pursuing a compensation claim.
The property owner may try to say that you are to blame for the accident. However, this does not mean that you do not have a claim. Illinois law allows for comparative fault, which means that even if you are partially to blame for the accident, you can still recover compensation as long as you are less than 50 percent at fault. An experienced attorney can help you investigate the accident and gather evidence to support your claim.
If the property owner does not have insurance, you may still be able to recover compensation. The property owner may have personal assets that can be used to pay for your damages. An experienced slip and fall attorney in Illinois can help you by investigating the property owner’s assets and pursuing a claim against them.
If you are injured in a slip and fall accident at work, you may be able to file a workers’ compensation claim. Workers’ compensation is a system that provides benefits to employees who are injured on the job. An experienced workers’ compensation attorney can help you by filing a claim and pursuing benefits.
If you are injured in a slip-and-fall accident on government property, you may have a claim under the Federal Tort Claims Act. The Federal Tort Claims Act allows people to sue the government for injuries caused by the negligence of a government employee. An experienced premises liability attorney can help you by filing a claim and pursuing compensation.
The statute of limitations for premises liability claims in Illinois is two years. This means you have two years from the date of the accident to file a lawsuit. You will be barred from recovery if you do not file a lawsuit within this time period. An experienced premises liability attorney can help you by filing a lawsuit before the statute of limitations expires.
If you are successful in a premises liability lawsuit, you may be able to recover compensatory damages. Compensatory damages are designed to reimburse you for your losses. They may include medical expenses, lost wages, pain and suffering, and property damage. You may also be able to recover punitive damages in a premises liability lawsuit. Punitive damages are designed to punish the property owner for their negligence.