An accident on another individual’s property can leave you with outrageous medical bills and missing time from work. And while you may think you have grounds to file a lawsuit, suffering injuries on someone else’s property does not always mean your claim is viable: specific elements must also be present to recover compensation.
Private, public, and commercial property owners or managers must keep the area safe for visitors and warn of defects until they are resolved. When a landowner is careless and causes you to suffer an injury, a compassionate personal injury attorney could help you file a claim against the negligent party. Schedule to meet with a skilled South Elgin premises liability lawyer today.
The Common Premises Liability Civil Action Causes
Premises liability litigation covers many cases involving injuries sustained on someone else’s property. Some of the most common civil action causes include:
- Falls from heights and slip, trip, or fall cases
- Accidents involving poorly maintained structures
- Dog bites and animal attacks
- Severe burns from exposure to fire or explosions
- Inadequate security or lighting
- Swimming pool drowning
Civil laws allow the injured individual to collect compensation from the liable party when they sustain injuries and losses in an avoidable accident because of negligence. A civil lawsuit could compensate the plaintiff for medical bills, lost salary, pain and suffering, permanent disabilities, and more. A tenacious South Elgin attorney could help collect the evidence needed to prove fault and recover a fair settlement successfully after an accident on another person’s property.
The Legal Duty of Property Owners to Exercise Reasonable Care
The Illinois Premises Liability Act covers the extent of liability and enforces the rules for property owners to take sensible steps to keep the premises safe for visitors. According to the Illinois Compiled Statutes 740 § 130/2, the owner or manager of the property owes any guests they invite onto the premises a duty to perform regular inspections to find and repair hazardous conditions on the property.
Further, the property possessor must warn visitors of the defects until they repair them. The legal duty of reasonable care does not include property defects that are obvious to the guests. The property owner also does not owe a duty to keep the property safe or warn trespassers who enter the property without permission. A determined lawyer in South Elgin could answer questions on applicable statutes and help determine eligibility for a lawsuit to recover damages after a premises liability incident.
The Attractive Nuisance Doctrine
While the Premises Liability Act states that the property owner does not have a duty to exercise reasonable care for trespassers, there is an exception. When children gain entry to a property because an item attracts them, such as a swimming pool, and suffer injuries, the court could hold the owner financially responsible. When a premise contains components that attract kids, the owner must ensure that the property is secure and that children cannot enter.
Call a Knowledgeable Premises Liability Attorney in South Elgin Today
Property owners and managers must take sensible measures to protect visitors that enter their land. Moreover, when an owner inspects and discovers problems but repairs are incomplete, they must warn people to avoid the hazard.
Therefore, civil laws could hold them accountable when guests suffer injuries because of a defect the owner knew or should have known of but failed to repair or warn about. Meet with a seasoned South Elgin premises liability lawyer for case review and help with your claim. Call soon to begin an investigation to collect the evidence to prepare your case immediately.