Premises Liability Basics

“Premises liability” refers to a property owner’s responsibility to maintain a safe environment for guests who visit the premises, and property owners may be liable for damages sustained by a victim in a preventable accident on the property. However, this type of liability is certainly more complex than the bare facts of the accident and involves problems of “negligence” on behalf of not only the property owner and his/her duty to oversee a hazard-free environment, but also the victim in the case.
An individual who is injured by a hazardous condition on a property which could have reasonably been resolved by the property owner may be entitled to compensation for his/her losses via a premises liability claim. In cases in which a property owner is aware of a hazard but cannot reasonably remove it, he/she must clearly mark the hazard to properly warn guests, and failure to do so can incur liability. Here are some common examples of dangerous conditions which can poses risks to guests on the property:

  • Broken stairs
  • Gas leaks
  • Overgrown trees or bushes
  • Unsecured fire pits, electrical cords, or railings
  • Unfenced pools
  • Wet surfaces
  • Sinkholes which are concealed by grass or leaves
  • Bodies of water which are concealed by fallen leaves

These injuries can occur inside or outside of a building. If you’ve been injured due to a property owner’s negligence, seek medical attention as soon as possible, and don’t contact an attorney until you’ve received the proper diagnosis and medical treatment.
There is also a “duty of care” which can measure a property owner’s liability toward certain types of guests. For example, social and business guests are owed much higher duties of care than trespassers, making a property owner more likely to be found liable for injuries of guests than trespassers. However, even trespassers have legal protection to a short extent, so all property owners must be aware of how Illinois law affects them and their particular properties.
If you or a loved one has been injured in a slip-and-fall accident, contact Agruss Law Firm, LLC for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, Agruss Law Firm, LLC is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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