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Waukegan premises liability attorneysFalling can lead to traumatic brain injuries, broken bones, spinal injuries, internal organ damage, and more. Something as simple as a broken handrail on a flight of stairs or slippery floor can cause a person to suffer agonizing injuries. People who are hurt in a fall may need extensive medical treatment and ongoing care. Their injuries may prevent them from working, maintaining their home, caring for children, and enjoying life the way they could before being injured. Fall-related expenses such as these can quickly become overwhelming. If you or a loved one have experienced a slip and fall accident, you may be eligible for compensation.

What Are the Illinois Laws Regarding Premises Liability?

Premises liability laws pertain to an injured person’s right to pursue damages after being injured on another person’s property. According to the Illinois Premises Liability Act, property owners, managers, and occupiers have a legal duty to keep premises reasonably safe for people who are lawfully on the property. If a hazardous condition does exist on the property, the owner must take action to fix the condition or warn guests to the property about the unsafe condition.  

When Is a Property Owner Responsible for Slip and Fall Injuries?

In order to bring a successful personal injury claim against a residential or commercial property owner, you will need to establish that the owner’s negligence led to your injuries. Often, a slip and fall accident is caused by an unsafe condition on a property such as a parking lot pothole, broken or icy walkway, loose floorboard, torn carpeting or loose rug, or poorly constructed staircase. If it can be proven that the owner was aware of the unsafe condition and it represented an unreasonable risk to guests, the property owner may be liable for injuries caused by a slip and fall.

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Waukegan personal injury attorneysBeing the victim of a violent attack is one of the scariest experiences a person can endure. If you have been the victim of an assault, sexual assault, robbery, or other act of violence, you know just life changing the experience can be. Victims of violence are often left with serious injuries including lacerations, broken bones, internal organ damage, and more. Often, the psychological harm caused by an attack is just as damaging as the physical harm. The victim may be afraid to be alone or even avoid leaving his or her house for long periods of time. When an attack is caused by inadequate security, it is possible that the owner of the property on which the attack occurred may be liable.

When is a Property Owner Liable for Acts of Violence?  

Property owners have a legal obligation to keep their premises reasonably safe for guests to that property. In many cases, an inadequate security lawsuit hinges upon the question of foreseeability. A property owner cannot be expected to prevent every possible injury to guests. However, if the property owner knew that other people had previously been harmed on his or her property due to insufficient security measures and did nothing to improve security, he or she is more likely to be considered partially responsible for an attack. If the assailant is caught, he or she will have legal liability as well. The injured person may be entitled to compensation for medical bills, ongoing medical care, lost income, and more.

Bringing a Successful Premises Liability Claim for Inadequate Security

Depending on the circumstances of an attack, the wrongdoer may be caught and charged with a criminal offense such as assault or battery. Criminal charges are often helpful in proving the validity of a personal injury claim against a property owner, but they are not necessary. In order to bring a successful injury claim you will need to prove to the court that:

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Lake County premises liability lawyersA serious fall accident can happen to anyone. Something as simple as an unsecured rug, spilled liquid, broken step, unstable handrail, or loose floorboard can cause an individual to fall and be seriously hurt. Fall accidents can cause injuries that require extensive hospitalization, surgery, and long-term physical therapy. A person who suffers a fall can also be left unable to work or enjoy life as he or she could before the accident. When a party’s negligence causes an individual to experience a fall accident, the party may be liable for the injured person’s damages. If you ever suffer a serious fall, there are three steps you should take.

Step 1: Go to the Emergency Room or Visit Your Doctor As Soon As Possible

Elderly individuals and those with disabilities are at an increased risk of being hurt in a serious fall.  However, even if you are a relatively healthy person, a slip and fall accident can cause you significant physical harm that results in long-lasting consequences. Traumatic brain injuries and spine injuries caused by a fall are especially concerning. The symptoms of traumatic brain injury are often subtle and the injured person may not immediately realize how hurt he or she actually is.

If you fall and hit your head or suffer any other bodily injury, get checked out by a medical professional as soon as possible. Not only will getting medical treatment help prevent your injuries from worsening, it may also protect your ability to collect compensation in the future. Medical records detailing your injuries are almost always needed for a successful personal injury lawsuit.

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b2ap3_thumbnail_winter-shoveling-work-injury-snow-ice.jpgThere is no doubt about it: Illinois winters can be harsh. Snow and ice accumulation can make something as simple as going to the grocery store or walking through a parking lot a treacherous excursion. Icy walkways, sidewalks, and parking lots are especially dangerous because of the potential they have to cause slip and fall injuries. Slipping on ice and falling can cause broken bones, serious back injuries, and even traumatic brain injuries. If you or a loved one have slipped on ice and fallen on a commercial property, you may be wondering whether or not you can sue the property owner for damages. Illinois personal injury cases involving snow or ice-related injuries are especially tricky due to a special law regarding snow and ice accumulation.

Natural vs. Unnatural Accumulation of Snow and Ice

Unlike other types of property maintenance, most property owners are not obligated to remove “natural accumulations” of ice, snow, or melt water. One exception to this rule is if a lease or contract obligates a property owner to remove natural accumulations. This means that a property owner is typically not liable for injuries caused by the accumulation of snow or ice caused by the weather. However, if an individual slips and falls on an “unnatural accumulation” of ice or snow, the property owner may be liable.

Consider the following scenario: In order to clear his parking lot of snow, a business owner arranges for the snow to be plowed and piled in the corner of the parking lot. As the weather changes over the next few days, the snow from the pile melts and refreezes creating a very icy patch near the entrance to the business. A patron entering the business slips on the ice and suffers a major head injury. In this situation, the property owner may be liable for the patron’s injury because the icy patch on which the patron slipped was an unnatural accumulation of ice caused by the property owner’s actions. Differentiating between natural and unnatural ice accumulation can be extremely challenging and will require guidance from an experienced attorney.

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Lake County personal injury attorneysImagine this scenario: You are invited by a neighbor to party at his house. As you are walking up the stairs to the bathroom, the handrail breaks, and you fall down the stairs. You are seriously hurt and require emergency surgery for a broken bone. In a situation such as this, who is responsible for the costs associated with your injury? Read on to learn about how a premises liability claim can help you pursue compensation after an injury on a private residence.

When is a Homeowner Liable for Injuries on His Property?

Many, if not most, premises liability cases hinge on the concept of negligence. A property owner is negligent when he or she fails to uphold a “duty of care” owed to guests. Illinois law says that property owners and occupiers must take reasonable steps to prevent guests to the property from being injured. If a property owner fails to maintain a reasonably safe home and a guest is injured as a result, the property owner could be liable for the expenses incurred by that injury. Examples of unsafe conditions which could result in a premises liability claim include but are not limited to:

  • Inadequate security
  • Poor lighting
  • Broken stairs or handrails
  • Slippery or icy walkways
  • Exposed electrical wiring
  • Broken flooring
  • Inadequate smoke detectors or fire extinguishers
  • Failure to property contain hazardous or toxic materials

If a property owner has an unsafe condition on his or her property, he or she has a duty to warn guests of this danger. For example, if a homeowner is doing construction in a certain part of the house and there are unsafe electrical hazards, he or she must tell guests so they can avoid these hazards.

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