In general, landowners in Illinois owe a substantial “duty of care” to everyone who lawfully visits their property. This responsibility requires them to take reasonable steps to keep their land in good condition and warn visitors about all hazards they become aware of. However, this does not mean property owners are automatically liable for every accident that happens on their premises, and proving that a landowner should be liable for your injuries can be deceptively difficult.
When you are hurt because a property owner failed to notify you of a dangerous condition or otherwise did not take proper care of their land, you should consider contacting a trusted personal injury attorney experienced with handling cases of this nature. A seasoned Carpentersville premises liability lawyer could give you the custom-tailored legal guidance you need to secure a favorable case result and obtain compensation for your losses.
Under the Illinois Premises Liability Act, which is codified under 740 Illinois Compiled Statutes § 130/1 through 130/5, property owners must demonstrate “reasonable care” by warning lawful visitors about any hazards that are not open and obvious or caused by other visitors misusing the property in question. Notably, and unlike many other states, Illinois state law does not distinguish “invitees” visiting property for the landowner’s benefit from “licensees” visiting mainly for their own purposes. This means landowners owe the same duty of care to both categories of visitors.
Property owners typically owe no duty of care to trespassers, which means they would not be legally liable for any accidental injuries sustained by someone who is on their property unlawfully. However, landowners can still be held liable for intentionally injuring trespassers by doing things like setting traps. Additionally, landowners may be liable for injuries suffered by trespassing minor children due to unsecured “attractive nuisances” like swimming pools or trampolines.
A landowner found liable for a visitor’s injuries may subsequently be made to pay for all past and future economic and non-economic repercussions of those injuries, including:
A Carpentersville premises liability attorney could explain the rules and restrictions applicable to cases like this in more detail during a private initial meeting.
Importantly, people injured on someone else’s property do not have unlimited time to file suit over those injuries. In fact, under 735 ILCS § 5/13-202, most people have a maximum of two years after initially sustaining harm to begin any litigation they intend to pursue.
Failing to abide by this statute of limitations will almost always lead to a court throwing the case out for being time-barred, regardless of how severe the plaintiff’s injuries are or how much evidence they have in their favor. Because of this, contacting a premises liability attorney in Carpentersville as soon as possible after this sort of accident can be absolutely essential to preserving an injured person’s legal rights.
Property liability law is challenging for anyone to navigate alone, especially someone dealing with a serious injury. Fortunately, you have assistance available from dedicated legal professionals who know exactly how to pursue cases like yours effectively.
Speaking with a Carpentersville premises liability lawyer could give you answers regarding your legal rights and a good idea of where your proceedings might lead. Call today to schedule a consultation.
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