Illinois premises liability law allows you to seek compensation when you are injured because someone responsible for a property failed to use reasonable care to keep it safe. Proving a claim requires more than showing that a dangerous condition existed: you must connect the property owner’s or occupier’s failure to the accident and your injuries.
A premises liability attorney in Chicago can assist in that connection and will fight for your rights.
Contact our firm today at (312) 701-0090.
What Must You Prove in an Illinois Premises Liability Case?
Under the Illinois Premises Liability Act, property owners and occupiers generally owe lawful visitors a duty of reasonable care regarding the condition of the property and activities taking place there. Depending on how you were injured, you may have to establish that:
- The property contained a dangerous condition.
- The person or business responsible for the premises knew or reasonably should have known about the danger.
- They failed to repair the condition, remove it, or provide adequate protection from it.
- The dangerous condition caused your injury.
- You suffered medical, financial, or other compensable losses as a result.
The specific facts become important because a property owner is not automatically responsible simply because an accident happened on the premises.
Can You Recover If You Were Partially Responsible?
Illinois law states that if you are found 50 percent or less responsible, you can still recover compensation, but your damages are reduced according to your percentage of fault, under 735 ILCS 5/2-1116 of the Illinois Code of Civil Procedure. If you are found more than 50 percent responsible, you cannot recover damages.
Property insurers may use this law to argue that you ignored a warning, failed to watch where you were walking, wore inappropriate footwear, or otherwise contributed to the accident in an attempt to limit their liability.
How the Law Changes If You Are Injured on Public Property
If you were injured on property maintained by the City of Chicago or another local government entity, different liability rules may apply. The Illinois Local Governmental and Governmental Employees Tort Immunity Act can protect public entities from liability in certain situations, even when a similar claim could be brought against a private property owner.
For a dangerous condition on public property, 745 ILCS 10/3-102 generally requires the public entity to use ordinary care to keep the property reasonably safe for people who are intended and permitted to use it. To establish liability, you may also have to show that the public entity knew about the dangerous condition, or that it existed long enough that the entity reasonably should have discovered it, and had enough time to address the danger.
Why Legal Representation Can Protect Your Claim
A Chicago injury attorney can determine which Illinois laws apply to your accident and how they affect your right to compensation. An attorney can address defenses raised by the property owner or insurer, including arguments involving notice, open and obvious hazards, comparative negligence, and governmental immunity.
If the insurer uses these legal defenses to deny liability or reduce the value of your claim, your lawyer can respond with the applicable law and facts supporting your position. When the dispute cannot be resolved through negotiations, they can file a lawsuit and present those arguments in court.
Understand How Illinois Law Applies to Your Injury
Contact Mark L. Karno & Associates, LLC online or call (312) 701-0090 for a free consultation about your premises liability claim.