Injured On Someone Else’s Property? You Have Rights.
People and companies that own property have a duty to keep it in a reasonably safe condition and take steps to fix potential hazards which pose risks to visitors and guests. When they don’t, injured victims may have the right to pursue premises liability claims to recover needed compensation.
At Power Rogers, LLP, our Chicago-based attorneys have a proven record in premises accident cases – including complex claims involving private landowners, places of business, and public or municipal entities across the state of Illinois.
If you or someone you love have suffered damages due to a dangerous condition on another’s property, our team is available to discuss your rights and legal options during a free consultation.
Why Choose Power Rogers?
- Over $5 Billion in Compensation Recovered
- Record-Setting Verdicts & Settlements
- Award-Winning, Nationally Recognized Trial Lawyers
- Personal Service, Compassionate Representation
Call 312-210-8411 or contact us online to request a free case evaluation.
Types Of Premises Liability Cases
Premises cases can involve a wide range of accidents and injuries, and while every case is unique, most premises liability claims involve allegations that:
- A person or a business which owned, controlled, or possessed a premises failed to meet their duty to keep it in a reasonably safe condition; and
- Visitors and guests on the premises suffered damages as a result of the dangerous condition.
Of course, there are many nuances to a premises accident case, and many variables that impact how victims can prove a landowner was negligent in maintaining their property and identifying or addressing potential hazards they knew or should have known existed.
The following examples can help you better understand what a premises liability case may involve:
- Slip-and-fall accidents or trip-and-fall accidents
- Falling objects
- Swimming pool accidents and drownings
- Negligent security
- Explosions and fires
- Toxic exposure
- Construction accidents
Our Premises Liability Success Record
Power Rogers has secured millions of dollars in serious injury and wrongful death cases involving premises liability. Some of these include:
- $95 million recovery for several victims trapped in the 69 W. Washington building fire.
- $33.4 million verdict over negligent building security that permitted an armed individual to access an office, where he shot and killed three victims, and injured a fourth.
- $18.5 million recovery against Paramount Pictures on behalf of a young woman who was injured as an extra on the set of Transformers III: Dark Side of the Moon.
- $8.1 million recovery for the family of a young man killed by falling debris on a worksite at the Westfield Hawthorn Mall, and a $400,000 settlement for a surviving worker.
- $5 million for a client who was injured in an electrical explosion and fire at the Neiman Marcus store in Northbrook.
- $4 million recovery for a father and daughter who . suffered second and third degree burn injuries when their home exploded as a result of gas leakage.
- $1.99 million recovery for the family of a young boy who drowned while a single lifeguard was on duty at a local country club.
What Is Premises Liability?
Premises liability is the legal responsibility a landowner (or a party that controls or possesses a premises) has for injuries and losses that occur on their property.
Under the Illinois Premises Liability Act (740 ILCS 130), landowners have a duty to keep their property reasonably safe for visitors or guests, and can be held liable for victims’ damages when they:
- Fail to fix or address dangerous conditions they knew or should have known about;
- Fail to warn visitors of potential hazards, if a dangerous condition isn’t open and obvious.
A premises liability lawsuit often arises from a landowner’s or occupant’s failure to either correct a dangerous condition on their property or warn of its existence. As victims can suffer tremendous physical, financial, and emotional losses in the wake of accidents, premises liability provides an opportunity to secure compensation to cover medical expenses, lost income, and other damages.
What Do Victims Need To Prove In Premises Accident Cases?
Premises liability claims are largely built on the need to prove a few key elements. For example, victims will need to show:
- A dangerous condition existed on the property;
- The landowner or party who controlled / possessed the premises knew or should have known about the dangerous condition;
- The landowner or party who controlled / possessed the premises failed to use reasonable care to discover, fix, or warn guests about the dangerous condition; and
- Victims suffered injuries and damages as a result.
What Is A Dangerous Condition?
A “dangerous condition” can take many forms, including:
- Broken handrails, stairways, or steps
- Poorly maintained walkways
- Poor drainage leading to accumulation of ice or water
- Open holes, spills, or slippery surfaces
- Insufficient lighting
- Lack of security / negligent security
- Gas leaks or electrical defects
Dangerous conditions may be open and obvious, meaning any reasonable person would be able to see them. Others, however, may be less obvious. In these cases, investigations are crucial in determining whether landowners or other liable parties knew or should have known about less-than-obvious hazards that they failed to address – such as a history of robberies or third-party assaults at a place of business, or gas leaks at a housing complex residents had complained about. At the same time, a common defense in these cases is that the dangerous condition was so open and obvious the injured party should have seen it and avoided it.
Who Can Be Held Liable In Premises Liability Claims?
Determining who can be held liable for damages is not always as simple as determining the owner of the property. Per Illinois law, the duty to exercise reasonable care in keeping a property free from unreasonably dangerous conditions falls upon those in actual possession or control of the property.
In some cases, including those involving construction sites and businesses, there may be other parties who possess and control property (meaning they occupied the property and controlled access to it), or who have some duty to act when it comes to addressing dangerous conditions.
Because there may be multiple liable parties, it’s important to thoroughly investigate premises accidents to determine who may be held responsible.
What Damages Can You Recover?
If you or a loved one were harmed on another’s property, you may be entitled to recover financial compensation and resulting economic and non-economic damages. This may include:
- Past and future Medical care costs
- Lost income / lost future wages
- Pain and suffering
- Disability and loss of a normal life
- Disfigurement
- The emotional distress caused by the physical injuries and resultant limitations
- Emotional injuries suffered by a victim’s family, including grief and sorrow
- The loss of support and services suffered by a victim’s family members
How Long Do You Have To File A Case?
Like other personal injury lawsuits, premises liability claims are subject to a statute of limitations – in effect, a time deadline. Though circumstances vary, the statute of limitations in premises accident cases is generally two years from the date of injury or wrongful death. In cases where victims bring claims against the government for accidents on public property (i.e., public buildings, parks, etc.), the statute of limitations is only one year from the date of the accident.
In addition to preserving your right to financial compensation, reaching out to an experienced lawyer as soon as possible after an accident can help preserve evidence needed to support a claim. It is not uncommon for evidence to be altered or destroyed after premises accidents occur, or for time to degrade the memory of witnesses who may have been able to help your case.
Call To Speak With A Chicago Premises Accident Attorney
Premises accidents take many forms, but whether it’s an accident at a private residence, a public space, or a place of business, they all have the potential to alter the lives of victims and families in profound and sometimes permanent ways. Fortunately, there are laws in place to protect victims, and ensure at-fault landowners are held accountable.
At Power Rogers, we’ve earned a reputation as skilled and proven advocates, and have been recognized for our considerable record of success in difficult cases. Our team is passionate about fighting for the injured and the wronged and is readily available to discuss your case and rights.
We offer case evaluations free of charge. Schedule yours today when you contact us.
