Filing a Premises Liability Claim for Financial Compensation
Retail stores, commercial businesses, employees, transit systems and landlords are all duty-bound to provide a safe environment to members of the public. When they fail in their duties to properly manage and maintain their premises and someone is injured, business and property owners can be held legally liable. The victim has the legal right to file a premises liability claim for financial compensation for the injuries and damages they have endured.
As a legal concept, premises liability is usually involved in a personal injury case when the victim is injured by a defective or unsafe condition on another’s property. Injury sustained on the premises can range from lacerations and broken bones to severe spinal cord injuries, brain trauma, or death.
It is important to exercise caution to ensure your safety when visiting or working on a property. However, if an individual or business failed to maintain their property adequately or did not provide reasonable warning about any defect on the premises, they can be held responsible if you are injured as a result. Their liability does not extend to trespassers unless they willfully and deliberately cause them injury.
Common Premises Liability Claims
Property owners and tenants are obligated to exercise reasonable care in locating hidden dangers on the property and warn the public of any foreseeable or existing harm. While slips, trips and falls are the most common types of premises liability claims there are other examples, which include:
- An injury sustained on accumulated snow or ice
- A broken railing
- Injuries from a pothole, ditch or other open area on the property
- Broken or unmarked steps
- Defective or insufficient lighting
- Lead poisoning
- Chemical exposure and toxic fumes
- Slippery or sticky surfaces including wet floors
- Improperly maintained machinery, furnishings, furniture or equipment
- Fallen limbs or trees
- Uncontrolled or overgrown tree growth or landscaping
- Dog bites
- Swimming pool accident or death
- Amusement park injury
- Flooding or water leak
- Any defective condition on the property
The Need for an Attorney
Premises liability claims are complex and require the skills of a Chicago premises liability lawyer who understands Illinois tort law. The demand for compensation must be supported with solid evidence and facts. This is because juries tend to blame the victim for their own injuries sustained on the premises. To ensure victory in the claim, a reputable personal injury attorney who specializes in premises liability cases must present powerful evidence and strong arguments as to how the defendants are at fault.
To ensure your right to receive compensation, your skilled attorney will need to prove that the defendant in your claim controlled, possessed or owned the premises at the time your injuries occurred.
By evaluating all factors in your case, your attorney may file a claim against multiple parties, which could include the property owner, property managers, tenants and others to ensure you receive adequate recompense for your injury. As an example, a cleaning service at a commercial property might have caused a slippery floor condition where you were injured in a fall. The parties at fault for your injuries might include the floor cleaning service, the tenant, the management service and the property owner.
Are You Suffering from a Premises Liability Injury?
Most premises liability injuries occur from dangerous conditions on poorly maintained or managed properties. Without adequate warning, you were likely injured unexpectedly from conditions out of your control. If those responsible to use reasonable care were negligent in their duties to provide you safety and you were harmed, you likely have a legal right to seek compensation.
If your accident occurred from a condition that could change in the near future, like accumulated snow and ice, it is essential to photograph the scene immediately. In addition, an accident report should be filled out detailing how, where and why the incident occurred. The clothing you were wearing at the time of the incident along with any other valuable evidence needs to be stored securely to ensure it does not change in any way.
Because you are a victim of another’s negligence, it is essential to contact a premises liability lawyer at Chicago Injury Center immediately. Your attorney can assist you in resolving your bodily injury claim to ensure you receive the financial recompense you deserve for your injuries.