DGAA bLAWg

Can I Pursue Compensation if I Am Injured on Someone Else’s Property?

Web Admin - Thursday, September 12, 2019
Rolling Meadows property owner liability attorneyA property owner is responsible for taking reasonable care to protect the safety of those who are allowed to be on their premises. If a personal injury occurs because of a property owner’s negligence, the victim may be able to receive compensation for the damages they have suffered. Potential premises liability claims may range from a broken seat causing trauma at a movie theatre to a person being injured in a slip and fall accident at an individual's home. An injury sustained from an unsafe or defective condition on someone else's property is the root cause for a premises liability claim. 

When Is a Property Owner or Occupant Liable?


According to Illinois law (740 ILCS 130/2), a property owner or tenant has a “duty of care” to ensure that those who enter their property are safe from harm. This duty applies to people who are legally allowed to enter the premises, and a property owner may be liable for injuries or damages which occur if they did not take reasonable care to correct hazards or provide warnings about potential dangers. However, the owner or tenant is not required to: 

- Provide warnings about conditions on the property that are already known by the guest or which are “open and obvious.”

- Alert visitors about hazards that unknown to the owner or occupant.

- Advise visitors of any threats resulting from the improper use of the property or protect against injuries that occur as a result of this type of misuse.

Steps to Take After an Accident


If an injury occurs at a business or another person's residence, victims should take steps to protect their ability to pursue compensation. If possible, the injured party should document the area in which the incident took place. This may include taking pictures or videos or getting statements from any witnesses. Gathering evidence as soon as possible is crucial, because the property owner could try to correct the hazard after the incident in order to avoid being held liable. 

Victims should refuse any payments or compensation offered by the liable party at the time of the accident, because these payments are likely to be far less than the actual costs of medical treatment and other damages resulting from the injury. It is also important to receive medical care for an injury as soon as possible. This will provide evidence of the full extent of the injuries, ensuring that proper compensation can be recovered.

Contact an Arlington Heights Premises Liability Lawyer


If you have been injured while on someone else’s property, you may be able to recover compensation by showing that the owner or tenant’s negligence was the direct cause of your damages. The knowledgeable Inverness personal injury attorneys at Drost, Gilbert, Andrew & Apicella, LLC can investigate the circumstances of your injury and help you determine your best options for receiving the compensation you deserve. Contact our office at 847-934-6000 to schedule a free initial consultation. 

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

 
Sources:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57

Swimming Pool Accident Injuries and Legal Concerns

Web Admin - Thursday, April 24, 2014

illinois swimming pool injury attorneyNow that the warm weather is finally on the way, people across Illinois are starting to look forward to a nice summer swim. However, this relaxing summertime activity can quickly turn dangerous if people are careless. Hundreds of people each year die as a result of water related injuries, according to information compiled by the Centers for Disease Control. Young children are at especially high risk for these injuries, accounting for approximately 20 percent of those deaths. Yet, people who suffer swimming injuries like this are not without recourse. There are a variety of legal claims available for the different injuries that may occur due to a swimming accident.

Types of Swimming Pool Injuries

Swimming pools can be responsible for a several different types of injuries. One of the most common is, of course, fatalities caused by drowning, but swimming pools can be dangerous in other ways as well. For instance, even if a person survives nearly drowning, the oxygen deprivation can cause permanent brain damage. Further, people diving into pools can often injure themselves by failing to check the depth of the water, which can cause them to strike their heads on the bottom of the pool. This can result in traumatic brain injuries like concussions, as well as damage to a person's spinal cord.

Types of Legal Claims for Swimming Pool Accidents

When a person sustains an injury in a swimming pool, they have two legal claims that they can pursue: premises liability and products liability. Premises liability, probably the more commonly used argument, takes effect when a person injures themselves on someone else's property. The law gives landowners a duty to use reasonable care to ensure that others do not injure themselves because of defects or hazards on their property. That means that pool owners may be liable for a person's injuries if they failed to properly maintain or secure their pool and someone was injured as a result. For example, if a pool owner failed to properly label the pool's shallow end, and a child dove in and injured their head or spine, the pool's owner may be liable for that injury.

Products liability claims do not attempt to hold the pool's owner liable, but are instead aimed against the poo's manufacturer. These claims occur when there is some inherent defect in the pool's manufacturing or design that made it unsafe for public use. Suppose the manufacturer improperly designed one of the pool's drains, and someone got their hand stuck in it, resulting in an injury. That injury might give rise to a products liability claim against the manufacturer since they should have made sure that their product was safe before bringing it to the market.

If you or your child has recently been injured in a swimming pool accident, seek help from a skilled Illinois personal injury attorney. Our firm lends its experience to clients across the northwestern suburbs, including Buffalo Grove, Barrington, and Crystal Lake.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Shopping Hazard: Icy Parking Lots in Illinois

Web Admin - Thursday, January 16, 2014

By Ken Apicella
http://www.dgaalaw.com/ken-apicella.html
KCA@dgaalaw.com

With winter back in full force in Chicago, shoppers should take care when walking to from their cars through the parking lots full of ice and snow. In fact, tens of thousands of people every year suffer serious injuries sustained from severe falls, according to a report by the Centers for Disease Control. The law surrounding such falls is somewhat complex, and who bears the responsibility of paying for the injuries depends on the precise circumstances of the case.

A lawsuit relating to slipping and falling in an icy parking lot would be brought under an area of law known as “premises liability.” Premises liability means that people who own land and allow people onto it have a duty to use reasonable care to ensure that people on their land do not come to harm. However, ice and snow pose something of a special case since Illinois has something known as the “natural accumulation” rule.

The natural accumulation rule states that property owners are not liable for those who slip and fall on the snow, provided they did not alter it in some way. For instance, suppose that it snows 11 inches and a person decides to go shopping. If the store chooses to do nothing about the snowfall and the patron slips, then the store would probably not owe them money, barring some sort of special circumstances. However, if the store plowed their parking lot, and the patron hurt themselves climbing over a mound of snow left by the snow plow, then the store would owe them for the injury. Incidentally, under Illinois law, laying down salt in an effort to prevent ice does not count as altering the snow enough to make a store liable for it.

Stores may also be liable for falls sustained in icy parking lots with “underlying defects.” An underlying defect is a problem with the premises that may exacerbate the issues of ice or snow. Improper lighting is a common type of underlying defect. If a store fails to light its parking lot well enough and a person suffers a fall in the treacherous, icy conditions because they could not see well, then they could have a case against the store.

Furthermore, parties who have agreed to remove snow may also potentially be liable for a shopper’s injuries in a fall. If the company that owns a mall promises the stores in the mall that it will clear the snow, and then fails to do so, the mall could be liable to a shopper who slips. This could even be true if the shopper falls in a natural accumulation of snow

Were you recently injured by slipping and falling in an icy parking lot? If so, contact a Rolling Meadows personal injury attorney today. We serve many areas in the northwest suburbs including Barrington, Buffalo Grove, and Schaumburg.


Recent Posts


Tags

unauthorized overtime estate plan workers compensation benefits installment contracts estate tax criminal record Rolling Meadows insurance attorney Palatine elder law attorney Illinois wills and trusts attorneys underinsured motorist minimum wage elder abuse Illinois LLC creation Schaumburg wrongful death attorney condo association Detainer Actions criminal defense BAC internet Buffalo Grove traffic attorney Illinois liability Buffalo Grove law firm Arlington Heights wills and trusts attorney Affordable Care Act murder denied insurance claims FMLA institutional trustee Barrington Illinois estate planning lawyer Illinois insurance claim dispute lawyer traffic tickets contracts whistleblower protections employee rights Barrington estate planning lawyer employee misclassification Chicago will attorney, social media platforms, Illinois estate planning lawyer, wage theft Rolling Meadows DUI lawyer Crystal Lake car accident attorney Crystal Lake bike accident lawyer Buffalo Grove injury lawyer Attorney Ken Apicella foreclosure sexual harassment Buffalo Grove medical malpractice lawyers Palatine employment lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Inverness injury lawyer Crystal Lake traffic lawyer Barrington drug crime attorney Palatine insurance lawyer Arlington Heights tax lawyer owner responsibility civil litigation attorney Illinois workers compensation attorney Illinois medical malpractice claim Illinois personal injury attorney Rolling Meadows traffic law firm in terrorem provision workplace sexual harassment estate planning lawyer Illinois living will underfunded trust Illinois attorney car crash injuries Rolling Meadows insurance lawyer Palatine construction attorney Illinois home inspection filing a medical malpractice claim rollover accidents Des Plaines collections attorney breathalyzer test Palatine law firm fault based insurance Barrington workers compensation attorney crossover accidents Arlington Heights personal injury attorney Rolling Meadows tax attorney Landlord Tenant Ordinance Arlington Heights medical malpractice lawyer Deer Park criminal attorney Des Plaines medical malpractice attorney Des Plaines DUI attorney Transfer on Death Instrument low-ball insurance settlement Illinois Workers’ Compensation Commission Buffalo Grove personal injury attorney IRA benefits living trust investment property speeding Illinois civil litigation lawyer insurance claim delay estate planning construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation trusts Barrington business law firm Barrington employment attorney brain injury Illinois insurance claim attorney Illinois estate planning law firm cell phone tower data Barrington real estate lawyer Rolling Meadows employment attorney Arlington Heights traffic attorney Illinois employment law overtime violations Deer Park traffic lawyer Crystal Lake personal injury lawyer Schaumburg real estate lawyer Schaumburg Attorney probate process forming a corporation in Illinois residential real estate Arlington Heights lawyer Illinois pedestrian accident attorney license Buffalo Grove car accident lawyer distracted driving accident victims Arlington Heights insurance attorney Do Not Resuscitate vacation home fines defective products lawyer Deer Park employment law attorney Barrington employment law attorney problem employees condo paid sick leave criminal law Liquor Control Act Schaumburg elder law lawyer Exclusions traffic deaths probate claims irrevocable trust Schaumburg personal injury lawyers blended families Kenilworth estate planning lawyer underage DUI Palatine punch death Federal Food Drug and Cosmetic Act Buffalo Grove employment lawyer Barrington employment law firm health insurance dispute Illinois driving without license Crystal Lake injury attorney Crystal Lake pedestrian accident lawyer uninsured motorist blood alcohol content pedestrian injuries, pedestrian fatality Crystal Lake civil litigation lawyer vacation home DGAA auto accidents car accident lawyers Arlington Heights real estate lawyer Illinois mortgages Palatine real estate lawyer Rolling Meadows employment law attorney Crystal Lake medical malpractice lawyer Arlington Heights TBI attorney Des Plaines civil attorney Barrington personal injury lawyer drug crime Illinois pet lawyer Des Plaines injury law firm Illinois small business Buffalo Grove real estate attorney Long Grove estate planning attorneys wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace mortgage employment lawyer employment law Illinois workplace lawyer Illinois estate planning trucking accident lawyers drug crimes lawyer drug crimes boating under the influence digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers revenge porn rent to own real estate contracts life insurance power of attorney Schaumburg civil litigation attorney Schaumburg medical malpractice lawyer Palatine civil litigation lawyer spinal cord injury estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers car accident ken apicella Inverness real estate attorney license suspension motorcycle accident lawyer Rolling Meadows insurance agents financial advisors Crystal Lake employment law attorney back injuries murder defense Rolling Meadows criminal attorney special needs trust Arlington Heights estate planning attorney PTSD personal injury law firm digital evidence Crystal Lake insurance lawyer privacy first degree murder guardianship attorney Deer Park personal injury lawyer Illinois traffic accident lawyer suspended license Illinois jet ski accident lawyer Barrington Traffic Lawyer income distribution deducation traumatic brain injuries Schaumburg employment attorney Chicago employment attorney Schaumburg corporate attorney Palatine corporate attorney trust payments drunk driving statistics traffic violations defense wills Rolling Meadows litigation lawyer Illinois employment lawyer landlord tenant law insurance dispute attorney living trust vs will traffic violations accidental death benefits dealing with problem employees products liability Schaumburg estate planning attorney insurance claims Barrington medical malpractice lawyers Chicago estate planning clemency car collision appealing an insurance claim startup company Schaumburg insurance lawyers Illinois business law atorneys Crystal Lake law firm Des Plaines accident attorney Rolling Meadows drug defense attorney llinois Real Estate Lawyers Association medical malpractice insurance attorney Deer Park accident attorney right to work healthcare claims Illinois tax attorney car accident lawyer job lawyers corporate law employees pedestrian accidents Crystal Lake tax lawyer Crystal Lake pet attorney BAIID golf accidents Des Plaines drug lawyer cell phone accidents car accidents preventing accidents Rolling Meadows insurance dispute lawyers, insurance dispute senior citizens independent contractor Schaumburg personal injury attorney modern family estate planning Crystal Lake criminal defense attorney Arlington Heights Attorney Retaliatory Discharge Deer Park traffic accident attorney Illinois employment law firm Self-Directed IRA Accounts workers compensation pain and suffering Deer Park medical malpractice attorney dram shop law POA Illinois Wage Payment and Collection Act Fair Labor Standards Act Illinois medical malpractice case Illinois bicycle safety Illinois criminal defense attorney GM ignition switches Illinois insurance disputes natural gas subcontractor Rolling Meadows Attorney Palatine trusts lawyer defective products Rolling Meadows corporate lawyer breach of contract Schaumburg traffic lawyer estate planning for college students healthcare commercial leasing unpaid overtime Long Grove real estate lawyer Inverness real estate lawyer Colin H. Gilbert Des Plaines drug crimes lawyer Illinois real estate lawyer estate planning trusts Palatine employment law lawyer probate claims process dog bites bad faith insurance claims bicycle dooring accidents pet bites insurance adjusters Barrington criminal defense lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Des Plaines claims law firm personal injury Thanksgiving Palatine business attorney Palatine workers compensation lawyer Arlington Heights car crash attorneys Illinois real estate gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois employee rights attorney. South Barrington real estate lawyer coronavirus insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Crystal Lake employment attorney Rolling Meadows criminal lawyer operating agreements CAM Inverness personal injury attorney federal crimes commercial leases Palatine corporate law attorneys Illinois trusts attorney swimming pools deadly crashes Barrington attorney insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Illinois Sales Representative Act loopholes Illinois Transfer on Death Instrument LLCs nursing home negligence attorney fees Crystal Lake business law attorneys holiday statistics head on collisions Deer Park motorcycle accident lawyer personal injury accidents Long Grove wills and trusts attorneys Chicago trucking accident attorney Illinois insurance dispute lawyers premises liability construction contracts Illinois speeding lawyer BUI Chicago employment lawyer caregiver rest breaks license reinstatement Illinois wills and trusts pedestrian-automobile accident traffic laws Home Remodeling Repair Act Illinois probate lawyer driving creditors insurance dispute Crystal Lake accident attorney trustee marijuana drunk driving pet law involuntary manslaughter reckless homicide insurance denial appeals Illinois motorcycle accident lawyer Illinois wrongful termination lawyer digital information Schaumburg personal injury lawyer Fourth of July Rolling Meadows personal injury lawyers Des Plaines motorcycle accident attorney employment contract Illinois Trust Code Whistleblower Claims Illinois personal injury life insurance lawyer caretaker rights pay when paid contract trench injuries Schaumburg criminal law attorney life insurance policy DUI attorney Schaumburg employment law attorneys Arlington Heights employment law attorneys Long Grove estate planning attorney fiduciary rule delay Buffalo Grove criminal defense lawyer liability claims employee discrimination Arlington Heights pedestrian accidents Illinois injury lawyer Des Plaines real estate lawyer manufacturing business litigation food poisoning car crashes Illinois workers compensation lawyer wrongful termination Inverness probate lawyer wrongful death Illinois traffic attorney new real estate form DNR Barrington estate planning attorney medical malpractice compensation Class A misdemeanor car crash employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys field sobriety test Schaumburg criminal attorney drug possession Crystal Lake estate planning lawyer Illinois employment attorneys Des Plaines personal injury lawyer Illinois employment laws Palatine probate lawyer Barrington litigation attorney changes to mortgage law slip and fall Illinois insurance claim dispute lawyers Illinois corporate lawyer Chicago car accident lawyer tax attorney Illinois traffic laws Forcible Entry agent living wills Chicago attorney trucking accidents living trust benefits DUI defense commercial real estate DMV Crystal Lake traffic attorney digital media accounts, estate planning, Arlington Heights estate planning attorney, Palatine criminal defense lawyer real estate lawyer mass shooting Arlington Heights employment attorney personal injury attorney real estate denied insurance claim real estate attorney Des Plaines Traffic Lawyer jet ski insurance claim dispute attorney Arlington Heights wills and trusts lawyers Barrington injury attorney real estate zoning Des Plaines personal injury lawyers consent to a search Illinois traffic ticket lawyer Schaumburg construction accident lawyer traffic offenses eluding a police officer Crystal Lake will lawyer comp time Long Grove estate planning product liability Illinois elder law attorney work unions Jay Andrew unfunded trust Deer Park real estate law firm Crystal lake insurance dispute attorney South Barrington real estate attorney dynasty trusts Palatine estate planning lawyer Des Plaines personal injury attorney traffic accidents no contest clauses liens bicycle accidents Palatine Attorney Des Plaines Arlington Heights car accident lawyer criminal ObamaCare real estate closing Inverness civil lawyer IRELA Arlington Heights accident attorney social media after death Illinois personal injury lawyer probate fees texting and driving personal injury claims compensatory time Barrington criminal lawyer Colin Gilbert federal regulations for LLCs Rolling Meadows insurance dispute lawyers insurance denials Illinois construction accident attorney Chicago traffic lawyer real estate contract controlled substance Des Plaines insurance attorney Rolling Meadows estate planning attorney Rolling Meadows real estate attorney Deer Park workers compensation lawyer Food and Drug Administration's Food Safety Modernization Act Mount Prospect wills and trusts lawyers icy parking lots TBI pregnant women Illinois medical malpractice attorney Illinois estate planning attorney Des Plaines real estate attorney Super Mario Long Grove real estate attorney Crystal Lake medical malpractice attorneys Illinois employment law attorneys real estate attorneys Illinois personal injury lawyers home inspection lawyer workers comp Rolling Meadows marijuana attorney Inverness accident lawyer power of attorney for healthcare Buffalo Grove insurance claim dispute lawyers murder charges Barrington personal injury attorney Legal Info Rolling Meadows boating crash lawyer Palatine civil attorney Schaumburg probate attorney Palatine drug lawyer Palatine employment attorney motorcycle accident Rolling Meadows traffic attorney Inverness insurance attorney hiring employees truck collisions deed transfer gift taxes ACA Illinois rollover accident lawyers denial of life insurance employment law, Illinois employment laws personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys School Visitation Rights Act Schaumburg drug defense lawyer fiduciary rule elder law Schaumburg injury lawyer IRS Des Plaines criminal attorney automated cars probate lawyer Deer Park DUI lawyer Illinois workplace discrimination attorney traumatic brain injury Kenilworth estate planning attorney probate meal breaks spinal cord injuries Chicago insurance claim attorneys Schaumburg estate attorney preventable medical errors loss of consortium real estate leasing FSLA Crystal Lake personal injury attorney personal injury lawyer Rolling Meadows Traffic Lawyer medication errors Inverness DUI lawyer taxes Illinois defective products attorney digital assets Rolling Meadows business lawyer marijuana crimes attorney civil rights violation Inverness elder law lawyer Illinois medical malpractice lawyers life insurance claims Illinois red light cameras cell phone Rolling Meadows personal injury attorney rollover car crashes sole proprietorship Crystal Lake medical malpractice law firm estate planning attorney Riverwoods estate planning lawyer DUI Crystal Lake car accident lawyer Illinois registered agent small business personal injury claim wills and trusts Joliet general practice lawyers Palatine injury attorney insurance disputes Illinois insurance claims lawyers Chicago corporate attorney pedestrian accident insurance claim denials Arlington Heights wills and trusts lawyer Rolling Meadows personal injury lawyer Des Plaines tax law firm Illinois business lawyer Chicago estate planning lawyer Mount Prospect real estate lawyer Illinois Smoke Detector Act Chicago will attorney traffic crimes Rolling Meadows medical malpractice lawyers Crystal Lake employment lawyer Rolling Meadows employment law attorneys Buffalo Grove traffic lawyers Rolling Meadows accident lawyer medical research license revocation texting while driving construction accidents surgical mistakes pizza emoji civil litigation Illinois law DUI penalities Illinois traffic attorneys estate attorney boating DUI Arlington Heights injury attorney insurance claim denial Palatine traffic accidents Mount Prospect elder law attorney Arlington Heights trucking lawyer Schaumburg Inverness estate planning lawyer homestead rights Barrington civil litigation attorney Illinois Probate Act of 1975 Illinois car accident attorney severance agreements foreclosed rental property Rolling Meadows car accident lawyers Mt Prospect Attorney Illinois insurance attorney insurance claim dispute distracted driving accidents capital gains tax Chicago biking tips employment attorney hands free device Palatine traffic lawyer Illinois insurance lawyer Buffalo Grove corporate attorney disability benefits anesthesia errors Arlington Heights Traffic Lawyer overtime pay sexual images Arlington Heights wills and trusts attorneys bike accident Illinois trucking safety Illinois Human Rights Act trauma after an accident Schaumburg car accident attorney Home Sale Contingencies insurance negligence privacy laws Family Medical Leave Act medical malpractice claims Inverness traffic law firm Des Plaines pet law attorney Barrington boating accident attorney insurance claim Illinois job attorney drugs advance healthcare directive unpaid assessment Rolling Meadows probate lawyer jet ski accidents college kids Kenilworth estate planning attorneys fatal car accidents medical marijuana Employment Discrimination Law hit and run accident Arlington Heights personal injury lawyer expungement Illinois boating accident lawyer boating accidents slip and fall accidents employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, landlord Illinois employment law attorney Inverness corporate attorney Illinois lawyer Illinois DUI attorney IRA trust transfer Palatine personal injury lawyer Buffalo Grove personal injury lawyer Buffalo Grove probate lawyer Illinois collections attorney insurance agent negligence Arlington Heights criminal lawyer comparative negligence Illinois will lawyer child safety Policy Cancellation natural gas explosion Chicago lawyer Schaumburg estate planning lawyer rumble strips Chicago insurance law firm

Archive