When pursuing a private property premises liability case, plaintiffs must determine which party to sue and how much they could be awarded given the nature of the accident. An injured person’s legal standing could also affect their claim. Individuals are recommended to contact a Chicago private property premises liability lawyer for legal advice regarding their case. A well-practiced premises liability attorney could explain your rights and champion your case.
Defining Private Property Under the Law
Under Illinois law, private property is a property that is individually owned and access to the property is restricted. In order to lawfully enter private property, a person must be an invitee. The law states that a person is a visitor to a property unless they an invited guest or they have the right to be on to the property. There are certain safety standards that property owners must meet in order to ensure the safety of invitees. If the safety standards are not up to par, the private property owner could be held liable for injuries caused by the unsafe conditions.
Invited Guests and Trespassers
A trespasser is defined as someone who has no right or reason to be on the property or has not been invited onto the property. An invited guest is a person who has either received an invitation or has a right to be on the property. If someone throws a house party or an open house, individuals going to the property for the event may have just as much right to be there as those who were invited. A Chicago private property premises liability attorney could help a person determine how their classification as a guest or trespasser may impact their private property accident claim.
How the Actions of a Visitor Could be Scrutinized by the Defense
If a visitor was injured on another person’s property, the visitor’s actions could come into play in a liability claim. Visitors have a duty to act as a reasonable person may. If a person slips and falls on a toy that was laying in the middle of the hallway, they may not be able to file a claim if they were not paying attention. Individuals have a duty to keep a proper lookout in the direction they were walking to prevent injuries. This is why it is important for injured people to contact a Chicago private property premises liability attorney who could refute claims made by the defense.
Contributory Negligence Role
If both parties are at fault on private property, there is contributory negligence in the case. Juries calculate the total amount of the recovery the plaintiff is entitled to and then determine what percent of fault each party in the lawsuit has. The court would then subtract the amount of fault from a person’s total recovery before awarding them. If a person’s negligence was found to be 50 percent or higher, they may lose the entire recovery.
Contact a Chicago Private Property Premises Liability Attorney
Reach out to a Chicago private property premises liability lawyer if you were injured on a private property. A skilled attorney could fight for your right to compensation. Call today to schedule a consultation and begin working on your claim.