Rockford Premises Liability Attorney

Supporting Personal Injury Claims in Illinois

Premises liability covers a broad range of accidents; anything from a floor that is left dangerously wet to an amusement park ride that has not been properly maintained.

Other common premises liability cases involve:

• Trip and fall accidents
• Slip and fall accidents
• Accidents caused by inadequate lighting or faulty rails in a stairwell
• Dog bites
• Swimming pool accidents
• Injuries caused by unsafe or negligent security
• Toxic exposures

Our Rockford premises liability attorneys can diligently review your medical records to understand the full extent of your injuries and use this to argue for a just amount of compensation. We can work alongside your doctor and engineers to build the strongest case possible for you.

Injured on someone else's property? Turn to DeRango & Cain, LLC for experienced representation. Contact us online or call (815) 216-5911 today!

What Constitutes Premises Liability in Illinois?

In Illinois, property owners have a legal responsibility to ensure their premises are safe for visitors. Whether you are a customer at a business, a tenant in an apartment, or a guest on someone else’s property, you have the right to expect that the premises are free from hazards that could cause injury. 

When property owners fail to maintain their property or warn visitors of potential dangers, they may be held liable for any injuries that occur as a result.

Premises liability cases can involve a variety of different accidents and incidents. The common factor in all premises liability claims is that they arise from an injury that occurs on someone else’s property due to unsafe conditions.

Proving Liability in Premises Liability Cases

For a premises liability case to be successful, the injured party must prove that the property owner was negligent and that this negligence caused their injuries. This involves showing that the property owner had a duty of care to maintain a safe environment, failed to meet that duty, and that the failure directly resulted in the accident and injury.

Duty of Care

Property owners owe different levels of duty to different types of visitors, depending on whether they are an invitee, licensee, or trespasser.

• Invitees: These are individuals who are on the property for business purposes, such as customers in a store or tenants in an apartment building. Property owners owe the highest duty of care to invitees, requiring them to keep the premises reasonably safe and to warn of any known dangers.
• Licensees: These are individuals who are on the property for personal reasons, such as social guests. Property owners owe a lesser duty of care to licensees, which requires them to warn of any known hazards but not necessarily to actively inspect the premises for dangers.
• Trespassers: Property owners owe the least amount of duty to trespassers. However, they are prohibited from intentionally harming trespassers or setting up traps to cause injury.

Negligence

Once the duty of care has been established, your Rockford premises liability lawyer will need to prove that the property owner breached this duty through negligence. This may involve showing that the owner failed to properly maintain the property, did not address known hazards, or failed to warn visitors about dangerous conditions.

Causation and Damages

Finally, your attorney must establish a direct link between the property owner’s negligence and your injuries. It must be shown that the injury would not have occurred had the property owner fulfilled their duty of care. Additionally, you must provide evidence of the damages you suffered due to the injury, including medical bills, lost wages, and pain and suffering.

Compensation for Premises Liability Claims

If you are successful in your premises liability claim, you may be entitled to compensation for a range of damages. The types of compensation available can vary depending on the severity of your injuries and the circumstances of the case. 

Some common forms of compensation include:

1. Medical Expenses: This includes the cost of emergency care, hospitalization, surgeries, physical therapy, and any other necessary medical treatment.
2. Lost Wages: If your injury causes you to miss work, you may be entitled to compensation for lost wages or future earnings.
3. Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury can also be awarded.
4. Punitive Damages: In cases of extreme negligence or intentional harm, punitive damages may be awarded to punish the property owner and deter similar conduct in the future.

Statute of Limitations for Premises Liability Claims

It is important to be aware that there is a statute of limitations for filing a premises liability claim in Illinois. In most cases, you have two years from the date of the injury to file a lawsuit. If you do not file within this time frame, you may lose your right to seek compensation. Contacting a Rockford premises liability attorney as soon as possible after your injury is essential to ensure that your claim is filed within the legal deadline.