Premises liability claims arise when property owners’ or managers’ negligence cause someone to suffer injuries while on their property. However, merely being involved in an accident on someone else’s property does not necessarily mean you can file a lawsuit.
Instead, there must be sufficient evidence of fault, in which case, you may have legal grounds to seek damages. To determine if you have a cause of action, an experienced Melrose Park premises liability lawyer can review your case and conduct a proper investigation. Call a skilled injury attorney today to schedule a meeting and prepare your case.
What Duty do Property Owners Owe Their Guests?
Property owners or possessors owe a legal duty of care to anyone who visits their land. According to the Illinois Compiled Statutes 740 § 130/1, a landowner must perform regular inspections and maintain the property to ensure the safety of all guests on the premises.
Although many states differentiate liability, the premises liability laws in Illinois do not: the owner owes the same level of care to those entering the premises for business or personal reasons. The responsible party must fix problems to keep licensees safe and warn them about potential dangers until the issues are resolved.
While property owners do not owe a legal duty of care to trespassers, landowners cannot purposely set traps or cause harm to them under the statute. Under the Premises Liability Act, when a plaintiff’s case proves the property owner is at fault and the negligence relates to the accident, they are legally responsible for covering the injured person’s financial damages and losses. A hardworking attorney in Melrose Park could help collect the evidence needed to build a solid claim and recover compensation in a property negligence settlement.
Recovering Compensation From the At-Fault Party in Premises Liability Cases
After proving liability successfully, the court may award compensation to the injured victim for the following:
- Medical expenses, including the cost of ongoing care
- Lost salary and benefits
- Physical and psychological therapy
- Mental and emotional anguish
- Pain and suffering
The court will review all evidence proving out-of-pocket damages and consider the extent of the plaintiff’s non-monetary losses.
Cases that Fall Under Premises Liability
A property negligence claim in Melrose Park must establish that a defect or hazardous condition on the property caused the accident and injuries. Some cases that fall under premises liability include the following:
- Slip and fall accidents leading to severe injuries
- Elevator and escalator accidents
- Inadequate lighting or security
- Dog bites and attacks
- Swimming pool accident injuries
- Amusement park injuries
The case must also demonstrate that the owner knew or should have known about the hazards and failed to repair or warn visitors when they entered the property. A seasoned lawyer could investigate a property liability claim to find proof that the defendant’s negligence led to an individual’s harm.
Call a Capable Premises Liability Attorney in Melrose Park
Property liability covers many accidents on other people’s property because the owner failed to provide the legal duty of care. However, your case must establish that the person in charge of the property was negligent and failed to repair or warn of the hazard, directly leading to your harm.
A case for damage could cover your medical care and loss of pay, emotional and psychological suffering, and pain and suffering. Schedule a consultation with a hard-working Melrose Park premises liability lawyer for questions and to review your case. Establishing negligence is challenging, but a tenacious legal representative could help navigate the civil court process and prove damages successfully.