Landowners have a duty to properly manage and operate their property to minimize unnecessary harm to others. If you or a loved one suffered injury due to the negligence of a property owner, you may have the basis for a premises liability claim.
An experienced Will County premises liability lawyer could evaluate your claim and work to pursue an array of legal options against the owner or occupier of the property where your injury occurred. Call today to see how a proactive personal injury attorney could help with your case.
Legal Duties Owed by Property Owners
A property owner typically has a duty to use reasonable care under the circumstances in their interactions with guests and visitors. The Illinois Premises Liability Act, or 740 Ilinois Compiled Statutes 130, establishes general premises liability laws as well as a variety of additional regulations and statutes detailing supplementary protections and exceptions.
To recover damages in a premises liability case, injured plaintiffs and their Will County premises liability lawyers must prove that the owners of the property failed to maintain the property or intentionally created dangerous conditions that led to the injury. The owners may also have known about the hazard but failed to adequately warn visitors, or they could have acted—or failed to act—in ways that directly caused harm.
In Illinois, property owners are held to different standards of liability depending on the relationship between the injured party and the landowner. In cases where the property owner is involved with dangerous activities, such as playing with fireworks, they would often be held to absolute liability for any injuries that occur.
Typical landowners with invited guests or tenants on their property are held to a standard of exercising reasonable care for the wellbeing of the visitors on their property. In cases of trespassers, property owners are held to a duty of avoiding willful and wanton conduct against them. This may mean they might not need to warn trespassers of any hazards but must not intentionally cause harm by setting up dangerous situations.
Recoverable Damages in Premises Liability Cases
The parties responsible for negligent actions that create dangerous conditions may be held liable for the injuries caused. Depending on the facts and circumstances of the injured person’s premises liability case, the following damages may be recoverable:
- Medical bills and expenses incurred as a result of the accident
- Lost wages from recovery
- Compensation for pain and suffering
- General damages
The Role of Contributory Negligence in Injury Cases
Assigning fault could determine which party is liable for paying for any resulting injuries, whether they resulted due to property owner negligence, a car accident, or any other injury case. The determinations of fault are complex in some situations, as two or more parties may each have contributed to the incident.
When the fault is shared in an accident, liability may be shared as well. One of the most commonly cited limitations on a property owner’s liability is the argument that the injured plaintiff was partially at fault for their injuries.
A visitor also has a duty to exercise care for their own safety. If that care is not exercised appropriately, their recovery as an injured plaintiff may be reduced by their own negligence.
Illinois adheres to a comparative fault system in personal injury cases, meaning that an injured person’s legal damages could be reduced by a percentage that is equivalent to their fault in the accident. A premises liability lawyer in Will County could go into further detail about how this law may apply to an individual plaintiff’s case.
Contacting a Will County Premises Liability Attorney
If you have suffered any injuries or losses due to hazardous conditions, an aggressive Will County premises liability lawyer could fight to protect your legal rights and interests. Set up a consultation today to get started on your case.