Chicago Premises Liability Lawyer

This page was written, edited, reviewed & approved by JD Jordan following our comprehensive editorial guidelines. JD Jordan, the Founding Attorney, is a Chicago-based personal injury attorney.

Chicago Premises Liability Lawyer

At Chicago Personal Injury Attorney at Law, our Chicago premises liability lawyer fights for people injured due to dangerous property conditions across the city. We understand how quickly an ordinary day can turn into a nightmare when property owners fail to maintain safe environments for visitors and customers. Our premises liability attorneys bring decades of combined experience to every case, with a proven track record of winning substantial settlements for our clients. We will investigate your accident, identify all responsible parties, and pursue the compensation you deserve for injuries suffered on someone else's property.

Chicago Premises Liability Guide:

A Chicago Premises Liability Lawyer Can Hold Negligent Property Owners Accountable

Many accident victims don't realize that property owners have a legal duty to maintain reasonably safe premises for visitors, customers, and even some trespassers under specific circumstances. Negligent property owners who cut corners on maintenance, ignore known hazards, or fail to warn about dangerous conditions can be held financially responsible for injuries that result from their carelessness. Our premises liability lawyer knows exactly how to investigate these cases, gathering crucial evidence before it disappears and identifying all potential sources of compensation available to you. We handle all communication with insurance companies, preventing them from using tactics designed to minimize your settlement or deny your claim altogether.

Premises liability claims often involve powerful defendants like large retail chains, property management companies, and insurance providers with teams of attorneys working to protect their interests. Without experienced legal representation, injury victims frequently accept settlements far below what their case is actually worth, leaving them struggling with medical bills and other expenses for years afterward. Our law firm levels the playing field by bringing resources, knowledge, and aggressive advocacy to your case from day one. We work with medical experts, safety specialists, and financial professionals to document the full extent of your damages and build compelling arguments for maximum compensation under Illinois premises liability law.

Types of Accidents That Fall Under Premises Liability

Types of Accidents That Fall Under Premises Liability

Premises liability encompasses a wide range of accidents that occur due to unsafe conditions on someone else's property, whether public or private. These claims can arise at commercial properties like grocery stores and shopping malls, residential locations like apartment buildings and private homes, or public spaces like parks and government buildings. Illinois premises liability law holds property owners to different standards of care depending on why you were on their property, with business invitees receiving the highest level of protection compared to social guests or trespassers.

Slip & Falls

Slip and fall accidents frequently occur when property owners fail to address wet floors, uneven surfaces, torn carpeting, or icy walkways that create dangerous walking conditions. These preventable accidents can happen anywhere, from supermarket aisles with spilled liquids to office building lobbies with rain-soaked floors lacking proper mats or warning signs. Many victims suffer serious injuries like broken hips, wrist fractures, and traumatic brain injuries when their feet suddenly lose traction and they crash to the ground. Property owners must conduct regular inspections, promptly clean spills, and provide adequate warnings about slippery floors to fulfill their legal duty of care to visitors.

Swimming Pool Accidents

Swimming pool accidents represent some of the most devastating premises liability cases, particularly when they involve children who drown or suffer life-altering brain damage from near-drowning incidents. Property owners with pools must maintain proper fencing, functioning gates with childproof locks, and clear safety equipment as required by local ordinances and state laws. Inadequate supervision, broken pool drains that create dangerous suction, slippery deck surfaces, and improper chemical balance can all create hazardous conditions, leading to serious injuries. Illinois law places a special responsibility on pool owners through the "attractive nuisance" doctrine, which recognizes that children may trespass to access an unfenced swimming pool without understanding the dangers.

Falling Objects

Falling objects pose serious dangers in retail stores where merchandise is stacked high, construction sites with tools or materials stored overhead, and warehouses with improperly secured inventory. A single falling item can cause severe head injuries, neck trauma, or crushing injuries, depending on its weight and the height from which it falls. Property owners and business operators must implement proper storage protocols, secure overhead items, and regularly inspect displays to ensure items won't unexpectedly fall onto customers or visitors below.

Inadequate Security

Inadequate security claims arise when property owners fail to implement reasonable safety measures in areas with known crime risks, leading to assaults, robberies, or other criminal attacks on visitors. Apartment buildings, hotels, shopping centers, and parking lots with histories of criminal activity must provide appropriate security measures like proper lighting, functioning locks, security cameras, or guards when circumstances warrant them. Negligent security cases require proving that the property owner knew or should have known about the risk of crime yet failed to take reasonable steps to protect visitors or tenants.

Elevator Malfunctions

Elevator malfunctions can cause serious injuries from sudden drops, abrupt stops, misleveling that creates unexpected steps, or doors that close too quickly on passengers. Building owners and property managers must maintain these complex mechanical systems through regular inspections, prompt repairs, and professional service contracts as required by city building codes. Victims of elevator accidents often suffer injuries ranging from soft tissue damage to broken bones, head trauma, or even wrongful death in catastrophic failures. When elevators or escalators malfunction due to poor maintenance or ignored warning signs, property owners and maintenance companies may share liability for resulting injuries.

Lack of Routine Maintenance

Lack of routine maintenance leads to dangerous property conditions like crumbling staircases, loose handrails, cracked sidewalks, unstable balconies, and faulty electrical systems that cause preventable accidents. Property owners have a legal obligation to regularly inspect their premises and fix hazardous conditions before they cause injuries to visitors or tenants. Documentation of deferred maintenance, ignored repair requests, or previous incidents can provide powerful evidence in premises liability lawsuits arising from these neglected hazards.

What Injuries Can You Suffer in a Premises Liability Case?

What Injuries Can You Suffer in a Premises Liability Case?
  • Traumatic brain injuries. These devastating head injuries can occur when victims hit their heads during falls or are struck by falling objects, potentially causing permanent cognitive impairment. Even seemingly minor concussions can lead to long-term complications, including memory problems, personality changes, and inability to concentrate or work.
  • Spinal cord damage. Falls from heights or violent impacts can damage the spinal cord, potentially causing partial or complete paralysis that changes victims' lives forever. These catastrophic injuries often require lifelong medical care, home modifications, and assistive devices, costing millions over a lifetime.
  • Broken bones. Fractures commonly occur in slip and fall accidents, particularly affecting vulnerable areas like hips, wrists, and ankles that bear impact forces during falls. Older adults face particularly serious consequences from broken hips, with many never returning to independent living after such injuries.
  • Soft tissue injuries. Sprains, strains, and tears to muscles, tendons, and ligaments can cause significant pain and mobility limitations, even though they don't show up on X-rays. These injuries often require extensive physical therapy and may lead to chronic pain syndromes that persist long after the initial accident.
  • Burns. Electrical hazards, hot water from malfunctioning plumbing, or fire hazards caused by negligent maintenance can result in painful and disfiguring burns. Serious burns often require specialized treatment, including skin grafts, resulting in permanent scarring and potential disability.
  • Lacerations and scarring. Broken glass, exposed metal edges, or jagged surfaces can cause deep cuts that require stitches and may leave permanent, visible scars. Facial scarring, in particular, can cause lasting emotional trauma along with physical injury, potentially affecting victims' self-image and social interactions.
  • Drowning or near-drowning. Swimming pool accidents can result in fatal drowning or near-drowning incidents that leave survivors with permanent brain damage from oxygen deprivation. Children are particularly vulnerable to these tragic accidents when pools lack proper safety features or adequate supervision.

How To Handle a Premises Liability Case

  1. Seek medical care immediately. Your health comes first, and prompt treatment creates important medical records documenting your injuries and connecting them directly to the accident. Even seemingly minor injuries can worsen without proper treatment, so never refuse medical attention at the accident scene.
  2. Document everything at the scene. Take photos of the exact hazardous conditions that caused your accident, the surrounding area, any warning signs (or lack thereof), and your visible injuries. This crucial evidence often disappears quickly as property owners fix dangerous conditions after accidents occur.
  3. Report the incident officially. Notify the property owner, manager, or staff about what happened and ensure they create a written accident report. Request a copy of this report for your records, as it establishes an official timeline and prevents the property owner from later claiming they didn't know about your accident.
  4. Collect witness information. Get the names and contact details of anyone who saw your accident or the dangerous conditions that caused it. Independent witnesses provide powerful testimony about conditions before the property owner has a chance to correct them or claim they didn't exist.
  5. Preserve evidence carefully. Save the clothes and shoes you wore during the accident, along with any other physical items that might help prove how the incident occurred. These items can provide important evidence about the conditions that caused your fall or injury.
  6. Avoid discussing fault or giving recorded statements. Don't apologize, accept blame, or provide recorded statements to insurance adjusters before consulting with a premises liability lawyer. Insurance companies often use victims' words against them to minimize settlements or deny claims altogether.
  7. Contact an experienced premises liability attorney. Reach out to a lawyer who specializes in these cases as soon as possible to protect your rights and get expert guidance through the complex legal process. Early legal intervention helps preserve critical evidence and prevents costly mistakes that could damage your claim.

How to Prove Negligence in Premises Liability Cases

How to Prove Negligence in Premises Liability Cases

Successful premises liability claims require proving that the property owner knew or should have known about the dangerous conditions yet failed to fix them or warn visitors adequately. This "notice" requirement forms the cornerstone of most premises liability lawsuits, establishing that the owner had either actual knowledge or constructive knowledge. Our attorneys investigate maintenance records, security camera footage, prior incident reports, and employee statements to demonstrate how long the hazardous condition existed before your accident. We also work to establish the other key elements of negligence: that the property owner owed you a duty of care, breached that duty through action or inaction, and directly caused your injuries as a result.

Your legal status on the property significantly affects the duty of care owed to you under Illinois law. Business invitees (customers, clients, or patrons) receive the highest protection, with property owners required to regularly inspect for hazards and fix dangerous conditions promptly. Social guests (licensees) receive somewhat less protection, with owners required to warn about known dangers but not necessarily inspect for new hazards.

Even trespassers, particularly children, have some legal protection under certain circumstances, like the attractive nuisance doctrine. Our premises liability attorneys carefully analyze your specific situation to determine what level of care the property owner owed you and how their actions or negligence violated that standard of reasonable care.

Gathering Key Evidence: Surveillance, Reports, Photos

  • Surveillance footage. Security camera recordings can provide indisputable evidence of how long a hazard existed and exactly how your accident occurred. We act quickly to send preservation letters demanding that property owners maintain this crucial evidence before it gets deleted or recorded.
  • Incident reports. Official documentation created by businesses, building managers, or security personnel after an accident often contains valuable information about conditions and sometimes even admissions of known problems. These reports may reveal previous similar incidents or complaints that establish the owner knew about the hazardous conditions.
  • Maintenance records. Documentation of repair requests, inspection schedules, cleaning logs, and work orders can reveal patterns of neglect or prove that property owners ignored known dangers. These records help establish how long dangerous conditions existed and whether reasonable maintenance would have prevented your accident.
  • Expert testimony. Professional opinions from safety specialists, building code experts, engineers, or industry authorities strengthen your case by establishing what reasonable care looks like in similar properties. These experts explain how the property owner's actions or omissions fell below accepted standards and directly contributed to your injuries.
  • Medical documentation. Detailed records from emergency rooms, follow-up appointments, physical therapy, and specialist consultations clearly connect your injuries to the premises accident. Medical experts can testify about the severity of your injuries, expected recovery time, and any permanent limitations you may face as a result of the accident.

FAQs

What if I was hurt at a friend's house?

You can still pursue a premises liability claim even if your injury occurred at a friend or family member's home. These claims typically involve their homeowner's insurance rather than personal assets, which means pursuing compensation won't financially harm your relationship.

Can I file a claim against a government building?

Yes, you can file premises liability claims against government entities, but these cases involve special rules and much shorter deadlines than standard claims. You must file a formal notice of claim within one year (sometimes as little as six months) rather than the two-year statute of limitations that applies to private property cases.

Is the property owner always responsible?

Property owners bear primary responsibility in most cases, but sometimes liability extends to management companies, maintenance contractors, tenants, or other parties who control the premises. Our thorough investigation identifies all potentially liable parties who may share responsibility for creating or failing to address unsafe conditions.

How is compensation determined in these cases?

Compensation depends on factors including the severity of your injuries, total medical bills, lost income, future medical needs, and how the injuries impact your quality of life. We calculate both economic damages (like medical expenses) and non-economic damages (like pain and suffering) to ensure you receive fair compensation for all aspects of your injuries.

What's the deadline to file a premises liability claim?

Illinois generally gives you two years from the date of your accident to file a premises liability lawsuit against private property owners. This statute of limitations significantly shortens claims against government entities, and certain circumstances may extend or shorten your filing window, which makes consulting with an attorney promptly crucial to protecting your rights.

Call Our Chicago Premises Liability Lawyer for a Free Case Review

Call Our Chicago Premises Liability Lawyer for a Free Case Review

Chicago Personal Injury Attorney at Law can help you hold negligent property owners accountable for their dangerous conditions. Our Chicago premises liability lawyer offer free, no-obligation consultations to discuss your case and explain your legal options in clear, straightforward language. We handle all premises liability claims on a contingency fee basis, so you pay nothing unless we win. Contact our law firm today to schedule a free case consultation.

Areas We Serve:

Chicago, Wheeling, Thornton, Worth, Proviso, Maine, Schaumburg, Lyons, Palatine, Niles, and surrounding areas.

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JD Jordan
Personal Injury Lawyer

JD Jordan, a Chicago personal injury attorney, understands client needs firsthand. A serious car accident in his youth, where he witnessed aggressive defense and the value of a supportive attorney, inspired his career. He has since helped clients recover nearly $100 million, recognized for his steady, strategic approach and ability to connect with those facing difficult circumstances.

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