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

Premises Liability

Web Admin - Friday, November 13, 2015

premises liability, Crystal Lake Personal Injury Attorney Premises liability allows a person who lives on or visits another person’s property to recover for injuries sustained while on the property, if the owner was negligent. A property owner has a duty to keep the premises or property in a reasonably safe condition. A property owner may be negligent in several ways, including allowing a sidewalk to become icy or a liquid spill to be left in the aisle of a store. 

Hurt on Another Person’s Property 

Traditionally, an invitee was owed the highest level of care. An invitee is a person invited to enter or remain for the commercial benefit of the property owner. This includes a person entering a store to shop or a tenant renting an apartment or house. 

As opposed to an invitee, a licensee is someone who has permission to be on the property, but who is there for his or her own personal purposes and not for business purposes. Guests at a party or family members with an open invitation to visit are considered invitees. Under common law, a lesser standard of care was provided for licensees than was provided for invitees. 

Under Illinois law, the common law distinction between invitees and licensees, in regard to the duty owed, is no longer recognized. Instead, an owner of property owes all entrants a duty of “reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.” In order to impose liability on an owner or possessor of property, a person injured while on the property of another must establish that the owner: 

1. Knew or in the exercise of ordinary care should have known of the dangerous condition and should have realized that it involved an unreasonable risk of harm;

2. Should have anticipated that the entrant would not have discovered or been aware of the danger, or would not have taken precaution against it; and

3. Failed to exercise reasonable care in providing protection against the danger. 

Importantly, trespassers are not provided the same protections as entrants who have express or implied consent to be on the property. Generally, owners or possessors of property only need to avoid willfully or wantonly injuring trespassers. Willful conduct involves an actor having actual knowledge of the danger of the act being performed in conjunction with a conscious failure to avoid the injury. A wanton act is one that is performed with a reckless indifference to the potential for harmful consequences. 

Helping Victims 

If you have been injured while you were on the property of another person, it may be possible for you to recover damages from the owner. For more information, contact a skilled Illinois personal injury attorney today. Our firm represents individuals throughout the northwest suburbs, in communities such as Crystal Lake, Palatine, Schaumburg, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park.

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.

Source:

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


Recent Posts


Tags

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

Archive