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.


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.



Recent Posts


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