Anyone who invites someone onto their property for any reason is obligated to take reasonable steps to ensure their visitor’s safety. Despite this, people suffer injuries in preventable accidents on others’ property all the time.
State premises liability law says the owner of a property is liable to anyone who is injured because of an unreasonably dangerous condition they failed to correct. If you were hurt on someone else’s property, the owner could owe you compensation for your medical costs, lost wages, and pain and suffering, and a skilled personal injury attorney could help. A local Fulton Market premises liability lawyer could help you evaluate your options and pursue the compensation you deserve.
Common Premises Liability Accidents
Any accident that happens on someone else’s property and causes an injury could be covered under premises liability.
Many people think of slips and falls when they think of premises liability, but there are many other dangerous conditions that could injure a visitor. Examples of different types of accidents or situations that could create an obligation to pay damages under premises liability include:
- Fire, exposure to scalding liquids, or hot surfaces
- Elevator or escalator accidents
- Exposure to toxins or biohazards
- Falling objects
- Animal attacks
- Sports mishaps
- Swimming or diving accidents
People who suffer injuries on others’ property should consult a Fulton Market premises liability attorney, regardless of how the injury happened. A professional could assess the circumstances and determine whether legal action to secure compensation is appropriate in the particular case.
Proving the Property Owner was Negligent
740 Illinois Compiled Statutes §130/2 requires an injured person to show that the property owner was negligent in failing to protect them from a hazard. A knowledgeable attorney could determine whether the facts of a specific case support a negligence claim.
Proving negligence requires the injured person, or plaintiff, to show that the property owner, or defendant, allowed an unreasonably dangerous condition to exist without repairing it or warning anyone of it. The plaintiff also must show that the dangerous condition was the cause of their injury and that the injury led them to actual losses. Finally, the plaintiff must prove they were legally on the property.
Special Rules for Trespassing Children
In general, property owners have no obligation to trespassers except to refrain from intentionally harming them. However, state law offers young trespassers some protections.
The attractive nuisance doctrine says if a property owner knows that children might trespass onto their property, they must protect the children from “attractive nuisances,” or hazards that might attract children. An attractive nuisance could be anything that a child might find interesting, including a playset, swimming pool, treehouse, or trampoline. Other features that could be considered attractive nuisances include construction materials, abandoned appliances or vehicles, chicken coops, rabbit hutches, heavy machinery, fitness equipment, and almost anything else that might pique a child’s curiosity.
When a child suffers an injury while trespassing, the property owner could be liable if they failed to take reasonable measures to prevent the child from accessing an attractive nuisance. An experienced Fulton Market lawyer could determine whether the attractive nuisance doctrine might apply in a particular premises liability case.
Rely on a Seasoned Fulton Market Premises Liability Attorney for Your Case
Premises liability is a complex area of law, so people who have suffered injuries on someone else’s property should not try to settle without the benefit of legal advice. Insurers could try to settle a claim for less than it is worth, or they might deny liability altogether.
A Fulton Market premises liability lawyer could handle communication with insurers and demand a reasonable resolution. However, there is only a short time to act, so contact a committed local advocate today.