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

Archive