Elgin Premises Liability Attorney

If you’ve been injured on someone else’s property, it can be difficult to know where to turn. Whether you slipped on a wet floor, tripped on uneven pavement, or were attacked by a dog, you may be entitled to compensation for your injuries. Chicago Personal Injury Attorney at Law, JD Jordan, helps you recover compensation after these accidents. We understand how injuries can affect your life, and we are here to fight for your rights.

Our Elgin premises liability attorney specializes in premises liability claims and works hard to hold property owners accountable for their negligence. If you’ve been injured due to unsafe or dangerous conditions on someone else’s property, we will help you understand your legal options.

Types of Premises Liability Cases We Handle in Elgin

There are many different kinds of premises liability cases, all of which involve injuries caused by dangerous or unsafe conditions on someone else’s property.

Here are some of the most common types of cases we handle in Elgin:

Slip and Fall Accidents

Slip and fall accidents happen when a person slips, trips, or falls due to wet floors, poor lighting, or other hazards. Property owners are required to maintain a safe environment and rectify any unsafe conditions on their premises. If they fail to do so, they may be held responsible for your injuries.

Trip and Fall Accidents

Trip and fall accidents occur when a person trips over an obstacle on the property, such as a broken pavement or an uneven floor. In such cases, property owners must ensure that the area is properly maintained and free from hazards. If they don't, they could be liable for the injuries you sustain.

Dog Bites

Dog bites are another form of premises liability when the dog owner fails to properly control their animal. Under Illinois law, the dog owner may be held responsible for any injuries caused by their dog. If a dog has bitten you, skilled Elgin personal injury attorneys can help you recover compensation for your medical bills and other damages.

Inadequate Security

If you are injured due to inadequate security on a property, such as in a parking lot or apartment complex, the property owner may be liable. Property owners are required to maintain adequate security, particularly in areas with a higher risk of crime. If they fail to do so, they may be held responsible for any injuries caused by their failure to act.

Toxic Exposure

Toxic exposure accidents occur when a person is exposed to harmful chemicals, gases, or other substances due to unsafe conditions on a property. If you are exposed to toxic substances, you may suffer from serious injuries. Property owners have a duty to prevent exposure to hazardous materials and ensure safety for everyone on their property.

Swimming Pool Accidents

Swimming pool accidents often occur due to unsafe conditions, such as a lack of proper fencing, slippery pool decks, or inadequate maintenance. If you are injured in a swimming pool accident, the property owner may be liable for your medical expenses and other damages.

Premises Liability Laws in Illinois

In Illinois, premises liability laws are designed to protect individuals who are injured on someone else’s property. Understanding these laws is important when filing a claim for premises liability injuries.

Illinois Premises Liability Act

Under the Illinois Premises Liability Act (740 ILCS 130/1), property owners are required to maintain their premises in a safe condition for visitors and address any hazardous conditions. If a property owner fails to maintain safety and an injury occurs, the property owner may be held liable for the injured person’s damages.

Duty of Care to Visitors

Property owners have a duty to exercise reasonable care in maintaining their property. This means they must fix any hazards that could cause harm to visitors. If the owner knew or should have known about the hazard and didn’t fix it, they may be held responsible for injuries caused by it.

Comparative Negligence

Illinois follows the comparative negligence rule, which means that if you are partly at fault for the accident, your compensation will be reduced based on your share of responsibility. Under 735 ILCS 5/2-1116, if you are found to be less than 50% at fault, you can still recover compensation.

Common Causes of Premises Liability Accidents in Elgin

Many factors contribute to premises liability accidents in Elgin. Property owners are responsible for maintaining safe conditions, and when they fail to do so, accidents can happen.

Some of the most common causes of these accidents are:

• Wet Floors: Wet floors, caused by spills, leaks, or cleaning, can be slippery and lead to slip-and-fall accidents. Property owners are required to clean up spills promptly and put up warning signs to prevent injuries.
• Uneven Surfaces: Cracked pavement, potholes, or uneven flooring can cause people to trip and fall. If the property owner is aware of these hazards and fails to address them, they may be held liable for any injuries that result.
• Poor Lighting: Insufficient lighting in hallways, parking lots, or stairways can make it difficult for visitors to see potential hazards, leading to accidents. Property owners must ensure that all areas are well-lit to prevent falls and injuries.
• Icy Walkways: During the winter months, sidewalks, parking lots, and entryways can become slippery due to the accumulation of ice and snow. Property owners are required to maintain safety by salting and sanding surfaces to prevent falls.
• Broken Stairs and Handrails: Stairs that are damaged or lack proper handrails pose a serious risk of injury. Property owners are responsible for repairing or replacing broken stairs and ensuring that handrails are securely in place for safety.
• Hazardous Obstacles: Items left in walkways or common areas, like tools, equipment, or trash, can cause trips and falls. Property owners must clear any obstacles that may create a dangerous situation for visitors or tenants.
• Inadequate Security: If a property lacks adequate security measures, such as lighting or locks, it can lead to criminal activity or injuries. Property owners must ensure that their premises are secure to protect visitors from harm.
• Dog Bites: If a dog bites a visitor, the property owner may be responsible for the injury. Owners must take steps to ensure their pets are controlled and that visitors are not at risk of injury.
• Toxic Exposure: Exposure to harmful chemicals or mold, resulting from poor property maintenance, can lead to serious health problems. Property owners must take action to repair leaks, eliminate toxic substances, and ensure the safety of visitors.
• Defective Products: In some cases, the premises liability may extend to products used on the property. If a defective product causes injury to a visitor, the property owner may be held responsible for not ensuring the safety of items on their premises.

Proving Liability in Premises Liability Cases

To win a premises liability case, you must prove that the property owner was negligent. Here are some of the key factors we focus on when proving liability:

1. Knowledge of the Hazard - The property owner must have known about the hazard that caused your injury. If they didn’t know but should have, they may still be held responsible. Witness statements and medical records can help prove that the property owner should have been aware of the dangerous condition.
2. Failing to Correct the Hazard - The property owner has a responsibility to correct any hazardous conditions or, at the very least, warn visitors about them. If they fail to act in a timely manner to correct the hazard, they can be held liable for the injuries that occur.
3. Causation - You must show that the hazard directly caused your injuries. For example, if you slipped on a wet floor and broke your leg, you need to prove that the wet floor caused your fall and injuries.
4. Documenting the Injury - It’s important to document your injuries as soon as possible. Please keep track of all medical records, witness statements, and any other evidence that shows the extent of your injuries and how the property owner’s negligence caused them.

Steps to Take After an Injury on Someone Else’s Property in Elgin

If you’ve been injured on someone else’s property, it’s important to act quickly to protect your rights and help ensure you recover the compensation you deserve. Follow these steps to help you through the process:

1. Seek Immediate Medical Attention: Your health is your top priority. Seek medical care right away, even if your injuries seem minor. Some injuries, like spinal cord injuries or concussions, may not show symptoms immediately. Prompt medical attention ensures that your injuries are properly documented and treated.
2. Report the Incident to the Property Owner: Notify the property owner or manager about the accident as soon as possible. Ensure they understand exactly what caused the injury, whether it was due to a slippery floor, uneven pavement, or another hazard. Request a copy of the incident report if one is available.
3. Document the Scene and Your Injuries: Take pictures of the hazard that caused the injury, as well as any visible injuries. Photograph the surrounding area, including any potential hazards like wet floors, poor lighting, or broken steps. Documenting the scene provides valuable evidence for your premises liability claim.
4. Collect Witness Statements: If there were any witnesses to the incident, get their contact information. Their statements can support your version of events and strengthen your case. Witnesses can help demonstrate that the property owner failed to maintain safety or acted unreasonably.
5. Avoid Giving Statements to the Insurance Company: After an injury, the property owner’s insurance company may contact you. Be careful not to make any statements about the accident or your injuries before speaking to an attorney. Insurance companies may try to get you to accept a low settlement or deny your claim.
6. Contact an Elgin Personal Injury Lawyer: Contact an experienced Elgin personal injury lawyer as soon as possible. A lawyer will guide you through the legal process, ensure your rights are protected, and help you recover fair compensation for your medical bills, lost wages, and pain and suffering. They will also help gather evidence and handle any legal negotiations.
7. Keep Track of Medical Records and Expenses: Keep all records of medical treatments, prescriptions, and other healthcare-related documents. This will help document the extent of your injuries and the cost of your care. Your lawyer will use these records to calculate economic damages such as medical bills and lost wages.
8. Follow Up on Your Recovery: Continue with any prescribed treatments and follow your doctor’s advice for a full recovery. Delaying or skipping treatment could hurt your case. It may be used against you to argue that your injuries were not serious or that you did not take the proper steps to recover.

FAQs

What is personal injury law?

Personal injury law enables injury victims to seek compensation when they are harmed due to someone else's negligence. It applies when injuries occur on a person's property, public property, or due to accidents involving responsible parties.

What damages can I recover for a severe injury?

For severe injuries like broken bones or other injuries, you can recover economic damages (medical bills, lost wages) and non-economic damages (pain and suffering, emotional distress). You may also recover future care costs if your injuries require long-term treatment.

Can I file a claim for a wrongful death in Cook County or Kane County?

Yes, family members can file a wrongful death claim in Cook County, Kane County, or South Elgin. The claim seeks to recover total damages, including funeral costs, lost income, and emotional distress caused by the loss of a loved one due to someone else’s negligence.

How can I prove that the property owner is responsible for my injury?

To prove that the responsible parties are at fault, you need evidence that shows they neglected their duty of care. If you suffered severe injuries on public property or a private person's property, an experienced lawyer can help you gather evidence and prove the owner's negligence.

What types of damages are included in a personal injury claim?

In a personal injury claim, you can recover economic damages like medical bills and lost wages, as well as non-economic damages such as emotional distress and pain. Total damages may also include compensation for future care needs if your injuries require long-term treatment.

Schedule a Free Consultation with Our Elgin Premises Liability Attorney Today

If you’ve been injured on someone else’s property, getting the right legal help is crucial to securing maximum compensation for your injuries. At Chicago Personal Injury Attorney at Law, JD Jordan, we offer a free consultation to discuss your case and explore your legal options.

Our top priority is to ensure the best possible outcome for our injured clients. We work on a contingency fee basis, meaning you don’t pay unless we win your case. Our dedicated team is committed to fighting for your rights, helping you recover damages for medical bills, lost wages, and pain and suffering.

Contact us today for your free consultation and let us help you get the compensation you deserve.