A Peoria Premises Liability Lawyer Will Fight for Your Compensation

Premises liability claims are claims that attempt to hold a property owner legally responsible for unsafe conditions on their property that cause injuries to a visitor. If you fell, slipped, were bitten by a dog, or perhaps experienced an injury due to something unsafe about the property, a Peoria premises liability lawyer at Parker & Parker can assist you.

Common Types of Premise Liability Accidents

If you’ve been injured in an accident on another person’s property or an accident at a public place or store that has negligently failed to maintain a safe premise, the accident falls into the premise liability category. One of the most common types is the infamous slip-and-fall accident.

Slip & Fall Accidents

For a person injured in a slip and fall on another’s property to recover for that injury, they must be able to show that the owner of the property was, at the very least, negligent in some manner. In other words, the owner neglected their duty to keep the premises safe, and that is why the accident occurred. Living in Illinois, there are certain factors that contribute to slip, trip, and fall accidents. One that is most commonly seen by our Peoria premises liability lawyer are slip, trips, and falls caused by ice and snow.

Illinois typically experiences 5 major winter storms per year. These storms bring a lot of snow and rain which makes common walking areas slick for pedestrians. Owners of property in Illinois, especially those that have a business which is open to the public, should take extra precautions when these storms rage to prevent visitors from falling and sustaining injuries. When they do not, they may be held liable for those injuries. There are specific laws regarding liability for injuries caused by snow and ice, so speak with a Peoria premises liability lawyer to learn more about your specific accident.

Other Common Types of Accidents

Deficient Maintenance: Improperly maintained light fixtures, appliances, staircases, handrails, elevators, etc. can all cause injuries if they are not properly and regularly maintained.
Inadequate Security: Commercial properties such as garages, parking lots, hotels, etc. may have inadequate security or lighting, or maybe none at all. This creates the opportunity for various types of crimes.
Playground or School Accidents: Properly supervising children is a difficult job. Still, when adults such as teachers or yard duty personnel don’t do it, serious injuries can happen on the playground.
Dog Attacks: Property owners have a legal duty to keep their dogs restrained or provide warnings. Dog (or other animal attacks) stemming from an owner’s lack of warnings, lack of training, failure to fence, or failure to leash a dog, may leave them responsible for your injuries.
Electrocution or Fire: Poorly maintained or exposed wiring can cause electrocution or fire. If fires break out and escape routes are blocked or insufficiently marked, more severe injuries may occur.
Accidents from Negligent Security: Commercial establishments like concert venues, nightclubs, and bars are required to provide adequate security to keep patrons safe. Often this means proper training, as well as exercising the proper use of force.

Common Locations for Premises Liability Accidents

Premise liability accidents can happen just about anywhere, but some locations are more prevalent to these lawsuits, such as construction sites or junk yards. Some of the other places where premises liability accidents happen more often include:

Airports: Airports are a hub of activity 24 hours a day, 7 days a week. Maintenance, cleaning, and all other activities performed by staff are completed while there are travelers on the premises. This constant movement and the fact people are rushing to catch their flight combine to make airports a prime place for accidents to occur.

Amusement Parks: Amusement parks are popular for teens and families looking for a place to have a good time. The main source of entertainment at these parks are typically roller coasters, swings, and other mechanical rides. The constant flow of younger people and these rides often result in accidents and injuries.

Apartment Complexes: Many people live in apartment complexes, especially in urban areas. Apartment complexes, although the primary residence for most people that live there, have unique factors to consider in a premises liability case, such as who is responsible for the accident. Possible responsible parties include the landlord, property management company, other residents of the complex, and the maintenance provider. Allocating responsibility is a matter a Peoria premises liability lawyer can assist you with.

Factories and Warehouses: Factories and warehouses are a hotbed of busy people, large machines, loud noises, and constant movement. All of these factors contribute to the likelihood of an accident occurring. When accidents do happen, they are often serious and result in severe injuries, or even death.

Swimming pools: Swimming pools, along with hot tubs, are a primary cause of premises liability accidents. They are located in public areas as well as in the yards of private residences, and are what is often referred to as an “attractive nuisance,” which means they draw people, especially young children, to them. Drowning, slip and fall, electrocution, and traumatic brain injuries are all types of premises liability accidents that occur in swimming pools and hot tubs.
Fairgrounds: Fairgrounds, while similar to amusement parks, are actually quite different. Large, fast, and dangerous rides are set up in a matter of hours, and they often operate late into the night. Fairgrounds are a huge draw for teens, and the constant movement, along with being on uneven ground outside, leads to accidents.

Still, premises liability accidents can also occur in more common places, where people tend to let their guard down, including, for example:

Private Homes, during parties or holiday events
Retirement Communities, where the elderly are more susceptible
Schools and College Campuses, in classroom and hallways
Shopping Centers, where there are elevators and escalators
Hotel/Motels, including in swimming pools or at beachfronts
Sidewalks, which may have holes or uneven surfaces
Piers, which can have poor maintenance
Boardwalks, which can have uneven surfaces
Entertainment Venues, such as Arenas and Stadiums
Golf Courses, where divots and unseen grooves in the grass are common
Public Parks, where injuries can happen on sidewalks, running paths, and playgrounds

For compensation purposes, it generally doesn’t matter where a premises liability accident occurs as long as it’s owned by someone else and is negligently maintained.

How Will Your Peoria Premises Liability Lawyer Establish Fault?

In Illinois, the law regarding premises liability may be found in the Illinois Compiled Statutes CIVIL LIABILITIES (740 ILCS 130/) Premises Liability Act. However, the statutory language is primarily for the purpose of changing the meaning of certain elements of established common law.

To successfully establish a premises liability claim in Illinois, you must prove that:

There was a condition on the property that posed an unreasonable risk of injury to any person on the property,
The property owner knew or should have known of both the condition and the risk,
The property owner could reasonably expect people on the property would not to recognize the danger,
The property owner was negligent because of some type of action that he/she took or, more commonly, simply inaction,
A visitor on the property was injured in an accident on that property,
The property owner’s negligence caused the injury, and
The injury caused the visitor to incur damages; e.g., hospital bills, lost wages, etc.

Like most laws, the elements are filled with somewhat vague terms, such as “reasonably expect” and “unreasonable risk of injury.” That’s why it’s important to immediately contact a Peoria premises liability lawyer at Parker & Parker, even before you speak to any insurance company. We’ll help you apply the actual facts to the law’s language and determine the options for moving forward with your case.

Who is Responsible for My Injuries?

One of the challenges in a premises liability claim is determining who is responsible for the injuries of a guest or visitor. Determining the owner of a piece of property is not the easy answer because they may not be the ones responsible. The duty to keep visitors safe is the responsibility of the party in actual possession or control of the property. Quite often, especially in cases where the premises at issue is a business, the property owner is not the party in possession and control.

In Illinois, the party “in possession or control” is the party that occupies and currently controls access to the premises, which means that parties like landlords or business managers are often the responsible party as long as they are currently occupying the property and control access to it, rather than the actual owner of the property. Finding the proper party responsible for your injuries is not always an easy task since all parties will deny occupation and control, so it’s critical to contact a Peoria premises liability attorney at Parker & Parker to help you sort this out.

What Injuries Occur in Premises Liability Claims?

Injuries caused by unsafe conditions on someone’s property may vary greatly, depending on the unsafe condition that caused the injury. Some common injuries sustained include:

Soft tissue injuries
Broken bones
Traumatic brain injuries
Spinal cord injuries
Electric shocks
Neck injuries
Joint injuries
Tendon strains or tears
Ligament injuries
Muscle injuries
Burns
Toxic chemical exposure

What Type of Damages Can I Recover If My Claim is Successful?

In Illinois, there are three main types of damages available in a premises liability case.

Economic Damages

Economic damages are actual damages that the victim incurred. They consist of monetary losses that are easily proven, including:

Medical Expenses: All medical expenses incurred due to the accident, including future medical costs. This includes doctor bills, rehabilitation expenses, and the cost of medication.
Lost Wages: If the injuries sustained in the accident render the victim unable to work, they may be able to recover those lost wages.

Non-Economic Damages

Non-economic damages are harder to prove than economic damages. They include:

Pain and suffering
Mental distress
Psychological damages
Loss of consortium
Disfigurement

Punitive Damages

Punitive damages are not often awarded in Illinois. They are reserved for cases in which the person or entity that caused the accident was with an evil motive or that they acted with reckless and outrageous indifference. Punitive damages are designed to punish the wrongdoer and discourage others from acting in the same manner.

Is There A Time Limit On Filing A Premises Liability Claim In Illinois?

A statute of limitations, or the time in which a person has to bring a claim for an accident or injury, does apply in premises liability cases. In most cases, a person that has been injured in an accident in Illinois has two years from the date of the accident to bring their lawsuit. If the family member of a person that died in a premises liability accident wants to bring a claim for wrongful death, they have two years from the date of death to file their lawsuit. In most cases, failing to bring a claim within this two-year time frame means that your case will be dismissed.

Because of this two-year time limit, it is important to seek the advice of a premises liability attorney as soon as possible after the injury, or death, occurs. This gives the attorney time to investigate the matter thoroughly before filing the action and still remaining in that two-year window.

Schedule a Free Consultation with a Peoria Premises Liability Attorney Today

Contact a Peoria premises liability attorney at Parker & Parker either online or at 309-673-0069. We’ll handle your claim so that you can focus on recovery.