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Premises Liability Archives

When Do I Have a Premises Liability Claim?

Every day in Chicago, people slip and fall or are otherwise injured while on another's property. Premises liability lawyers recognize that every injury does not make the basis for a personal injury lawsuit, however. How can you find out if you have the legal grounds to file a premises liability claim?

What is the "open and obvious" defense in premises liability?

The general rule concerning premises liability in Illinois is that the owner or occupier of property has a duty to protect people on the property from reasonably foreseeable harm. This duty of care is subject to certain limitations, one of which is known as the "open and obvious" defense. This defense holds that if the danger on the property is known to or obvious to people who enter the property, then the owner or occupier of the land does not owe them a duty of care with regard to that particular condition.

What are characteristics of the Illinois premises liability act?

The liability of an owner or occupier of land to others on the property has been the subject of legal disputes for many years, dating back to the days of common law courts. As the theory of premises liability evolved, courts created a body of case decisions that broke down the owner or occupier's duty of reasonable care into different types depending on the status of the person injured on the land. These status types included people who were considered to be invitees, licensees, trespassers, and so forth. Each was owed a different kind of duty of care.

Maintaining a safe environment for shoppers

As Illinois residents may know, injuries may occur in public buildings, such as grocery stores or shopping centers, particularly when a safe environment has not been preserved. If dangerous conditions are not corrected by the owner in a timely manner, the customer may recover damages under premises liability laws.

How the legal term res ipsa applies to personal injury cases

People from Illinois might not know that the legal term res ipsa loquitur is Latin for 'the thing speaks for itself." The phrase first originated from a case in which a person became injured after a barrel of flour fell from a warehouse that he was walking next to.

Woman sues dialysis center after injury

An 80-year-old Illinois woman is asking for over $50,000 and court costs following a fall at a dialysis center. According to the woman, she was asked to step on a scale at the center on June 23 for the purpose of being weighed. The woman says the scale tipped over, and she fell to the floor with it.

Premises liability in Illinois

Use of a private property that results in harm to an individual could raise questions of responsibility. The duty of a property owner may affect an injured person's ability to seek damages in connection with an accident. An owner or occupier of land is expected to exercise reasonable care. However, there may be cases in which this is dependent on the nature of the hazards.

Are outdoor recreational facility owners liable for guest injury?

The possibility that an outdoor recreation facility's proprietor might face liability for a guest's injuries is dependent on multiple factors. The guidelines set in Illinois' Recreational Use of Land and Water Areas Act are meant to inform decisions fitting the individual circumstances related to accidents occurring on or after Jan. 1, 2014, which is when the 98th General Assembly made amendments to previous statutory rules for liability.

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