What is Illinois Premises Liability Act?
Personal Injury - September 24, 2020
Premises liability law revolves around holding property owners and operators accountable if their careless or negligent actions cause harm to those who have a right to be on the premises. As with any personal injury case in Illinois, a premises liability claim can become complicated. Any person injured due to the careless actions of a property owner should seek assistance from a skilled premises liability attorney in Chicago to help with their case. Here, we want to examine the Illinois Premises Liability Act and what the law entails.
Who May Be Held Liable?
There may be various parties that can be held liable in the aftermath of a premises liability incident. This includes business owners, property owners, landlords, government property operators, and more. Additionally, the manager of a property could also be held liable if their negligence allows for a dangerous condition to arise and cause harm to a person who has the right to be on the premises. This “manager” may or may not be the owner of the property in question.
What Duties Are Owed to Guests and Visitors
When we turn to the Illinois Premises Liability Act, we can see that property owners and operators have a duty to invitees and licensees to ensure these individuals are safe from foreseeable injuries and to maintain the premises and it reasonably safe condition.
In general, any person who has a legal right to be on the property must be afforded the same standard of care, whether or not the person is there as an invited guest or any other person who has the right to access the property, such as a shopper in a store.
Guests and visitors should be able to enjoy their time on a property that has been properly maintained and has no hazards. Guests and visitors are entitled to be warned if there may be defects or hazards that could cause them harm.
What Type of Damages Are Available?
There may be various types of compensation available to those injured due to the careless or negligent actions of a property owner in Illinois. This can include:
- Full compensation for medical expenses
- Lost wages if a person cannot work
- Pain and suffering damages
- Loss of personal enjoyment damages
- Possible punitive damages in cases of gross negligence
How an Attorney Can Help
If you or somebody you care about has been injured due to the careless or negligent actions of a property owner or operator, you should speak to an attorney as soon as possible. At Horwitz Horwitz & Associates, our qualified and experienced attorneys will work diligently to prove that:
- A dangerous condition existed on the premises
- The owner or operator of the premises knew or should have known about the existence of this dangerous condition
- The owner or operator of the premises failed to use reasonable care to discover, remedy, or warn about the danger
- The guest or visitor suffered an injury as a result of the careless or negligent actions of the property owner