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

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

Archive