Property owners and managers are legally obligated to keep their premises free of hazardous conditions for visitors. This obligation is known as the “duty of care.” When there are defects or unreasonable risks on the property, and guests sustain injuries as a result, the civil court can hold the property owner financially responsible.
However, falling or suffering bodily harm on someone else’s property does not necessarily mean there is evidence of negligence. The damages recovery process for a personal injury case such as this is complex. When you have questions or would like to learn more, we invite you to meet with a knowledgeable Plainfield premises liability lawyer from our firm as soon as possible.
Common Types of Premises Liability Cases
A wide range of accidents occurring on public or private property may lead to a premises liability claim. Some of the most common types of premises liability cases in the area include:
- Slips and falls
- Fires and electrocution
- Dog bites and animal attacks
- Elevator or escalator accidents
- Falls from collapsing structures
- Poor lighting or inadequate security
- Swimming pool injuries, including accidental drowning
If you have been involved in one of these incidents, a Plainfield premises liability attorney can investigate and gather the evidence needed to build a strong claim for damages.
The Illinois Premises Liability Act
The purpose of premises liability regulations is to decrease unnecessary accidents and ensure that the people responsible for properties maintain safe premises for their visitors. According to the Illinois Premises Liability Act, property and land owners have a legal duty to take reasonable steps to do regular inspections, maintenance, and upkeep to correct any property hazards and defects. Further, they must clearly warn guests entering the property of any known danger until the repair is complete.
Most states distinguish the extent of the owner’s legal obligation based on why visitors enter the property. However, the Illinois Premises Liability Act abolished rules regarding the injured party’s visitor status and whether they entered for personal or business purposes.
Some specific elements are necessary to prove a property owner is liable for damages in premises liability cases. For example, the case must prove that the defendant knew the risks or should have known about the hazardous situation. The claim must also establish that there was time to make the repair or warn visitors about the defect before they sustained injuries.
Damages in Premises Liability Cases
After proving the defendant is liable for the damages, the civil court may award compensation to cover the following:
- Pain and suffering
- Emotional anguish
- Lost earning potential
- Losing the enjoyment of life
- Lost wages (for time taken off work during injury recovery)
- Current and future medical care expenses, including physical therapy and medical procedures or surgeries
A premises liability attorney in Plainfield can answer specific questions about the statutes and damages recovery during a thorough case review.
Meet With a Plainfield Premises Liability Attorney
Property owners owe a legal duty of care to all visitors and guests entering their premises. When someone suffers injuries because of negligence, the premises liability statutes ensure that the injured parties have the ability to seek legal action and recover compensation for their losses.
When you need help with a case after an accident caused by a property owner’s carelessness, call us to schedule a consultation and begin preparing immediately. A hard-working Plainfield premises liability lawyer could help you collect the vital evidence needed to successfully recover damages in a civil action. The sooner you start building your case, the better the outcome will be.