Premises Liability in Illinois: Holding Property Owners Accountable for Injuries

 Posted on May 31, 2023 in Personal Injury Lawsuits

 Premises liability governs the legal responsibilities of property owners or managers for injuries that occur on their property. Under Illinois law, property owners have a duty to maintain their premises in a reasonably safe condition and to warn visitors of any known dangers. If a property owner breaches this duty and someone is injured because of it, the owner may be held liable for damages.

Duty of Care 

In Illinois, the duty of care owed by property owners to visitors depends on the visitor's status on the property. The law distinguishes between three types of visitors: invitees, licensees, and trespassers.

Invitees are individuals who are invited onto the property for the owner's benefit, such as customers in a store. Business or property owners owe invitees the highest duty of care and must inspect their property regularly to identify and correct any hazards.

Licensees are individuals who are allowed onto the property for their own purposes, such as social guests. Property owners owe licensees a lower duty of care than invitees. Nevertheless, they need to warn them of any known dangers and keep the property in reasonably safe condition.

Trespassers are individuals who enter the property without the owner's permission. Property owners generally do not owe a duty of care to trespassers but cannot intentionally harm or set traps to injure them.

Who Can Be Held Liable?

After a premises liability incident, there could be several parties who could be deemed responsible. These parties may include landlords, property owners, government property operators, and business owners.

Damages Available for a Premises Liability Claim 

Several kinds of damages can be available to individuals who are injured due to a property owner's negligence. These can address both non-economic and economic losses. Damages may include:

• Compensation for medical expenses incurred by the injury 

• Lost income in the case a person is unable to work 

• Suffering and physical pain damages

• Property damage expenses

• Psychological and emotional pain 

• Possible punitive damages in cases of gross negligence

In Illinois, property owners and managers need to take proactive steps to prevent accidents and injuries on their property. This includes implementing safety protocols, training employees on proper safety procedures, and regularly inspecting the property for hazards. Property owners should also maintain insurance coverage to protect themselves against premises liability claims.

Contact Lake County Premises Liability Attorneys Today 

If you have sustained injuries on someone else's property in Illinois, a professional personal injury attorney can help you understand your legal rights and pursue a compensation claim. At Salvi & Maher, our Waukegan premises liability lawyers understand Illinois premises liability law and how to pursue maximum compensation. Contact us today at 847-662-3303 for a free consultation.

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