Premises liability is an extremely broad area of tort law (civil claims by people injured as the result of another’s party’s conduct) that can be extremely complicated for most average people. In general, most people who suffer serious injuries on the property of another party because of certain dangerous conditions can be entitled to compensation for all of the damages that result from the accident.
In many cases, negligent parties will often claim that a victim’s injuries were the result of his or her own negligence. It is critical for any person who sustained injuries on another party’s property to not speak to any insurance company representatives without legal representation.
Lawyer for Premises Liability Injuries in Chicago, IL
Did you suffer catastrophic injuries or was your loved one killed because of a dangerous condition on another party’s property in Cook County? Make sure that you contact Susan E. Loggans & Associates before attempting to negotiate a settlement by yourself.
Chicago personal injury attorney Susan E. Loggans represents clients injured in communities throughout the Chicagoland area, including Des Plaines, Berwyn, Chicago, Elgin, Evanston, and several others. Call (302) 201-8600 right now to have our lawyer provide an honest and thorough evaluation of your case during a free, no-obligation consultation. Susan E. Loggans & Associates provides legal services on a contingency fee basis, which means that you will not pay us anything if you do not receive a monetary award.
Overview of Premises Liability Accidents in Cook County
- What laws does Illinois have relating to premises liability?
- Which kinds of premises liability cases does your firm handle?
- Where can I learn more about premises liability in Chicago?
Under Illinois state law, victims in premises liability actions are generally divided into trespassers (people unlawfully entering property without permission) and non-trespassers. Prior to the effective date of the Premises Liability Act in 1984, non-trespassers were further divided into two separate categories: licensees and invitees.
A licensee is a person who is on the private property of another party because the property owner allowed the licensee to enter. An invitee is a member of the general public or a person who was expressly invited by the property owner to enter property for business purposes.
In Genaust v. Ill. Power Co., 62 Ill.2d 456, 343 N.E.2d 465 (1976), the Supreme Court of Illinois stated that Restatement (Second) of Torts § 343 “correctly states the settled law regarding the liability of possessors of land to invitees.” Under Restatement (Second) of Torts § 343, a land owner is liable for physical harm caused to his or her invitees by a condition on the land if, but only if, he or she:
- knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees;
- should expect that they will not discover or realize the danger, or will fail to protect themselves against it; and
- fails to exercise reasonable care to protect them against the danger.
It is important to note that Restatement (Second) of Torts § 343A provides two exceptions to liability in premises liability cases:
- Distraction Exception — A possessor of land is not liable to his invitees for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them unless the possessor should anticipate the harm despite such knowlege or obviousness; and
- Deliberate Encounter — In determining whether the possessor should anticipate harm from a known or obvious danger, the fact that the invitee is entitled to make use of public land, or of the facilities of a public utility, is a factor of importance indicating that the harm should be anticipated.
The Illinois Civil Pattern Jury Instructions for premises liability establish different levels of duty of care for different property owners and different licensees, invitees, and trespassers. Respective duties of care are as follows, in descending order:
- Absolute liability for ultrahazardous or intrinsically or inherently dangerous activity;
- Highest degree of care (applies to common carriers);
- Ordinary care for the safety of any persons lawfully on the property; and
- Refraining from willful and wanton conduct to injure some trespassers.
Susan E. Loggans & Associates helps people involved in a wide variety of premises liability actions. Some of the most common kinds of incidents that our firm handles include, but are not limited to:
- Amusement Park Liability;
- Failure to Warn of Known Dangerous Conditions;
- Defective Surfaces; and
- Negligent Inspection.
Illinois Pattern Jury Instructions | Civil | 120.00 Premises — View the full text for civil jury instructions for premises liability actions as drafted by the Supreme Court Committee on Jury Instructions in Civil Cases. Read more about the duty to an adult lawfully on the property, duty to an adult trespasser, and duty to children. You can also read about different burdens of proof for distractions, deliberate encounters, and injuries to trespassing children.
740 Illinois Compiled Statute 130/ | Premises Liability Act —The Premises Liability Act was adopted on September 12, 1984, and the Civil Justice Reform Amendments of 1995 (Public Act [P.A.] 89-7) attempted to place a $500,000 cap on compensatory damages for noneconomic injuries and abolish joint liability among joint tortfeasors. The Supreme Court of Illinois, however, declared P.A. 89-7 unconstitutional as a whole in its decision in Best v. Taylor Machine Works, 179 Ill. 2d 267, 689 N.E.2d 1057 (1997). The full text of the Premises Liability Act includes sections with and without changes made by P.A. 89-7.
Susan E. Loggans & Associates | Chicago Premises Liability Attorney
If you sustained severe injuries or your loved one was killed on another party’s property in northern Illinois, it will be in your best interest to immediately retain legal counsel. Susan E. Loggans & Associates fights for residents and visitors in Burbank, Oak Forest, Elmhurst, Park Ridge, Calumet City, and many surrounding areas of Cook County.
Susan E. Loggans is an experienced personal injury lawyer in Chicago who will work tirelessly to get you all of the compensation you are entitled to for medical expenses, lost wages, and other types of damages. She can review your case and help you understand all of your legal options when you call (302) 201-8600 or fill out an online contact form to receive a free initial consultation.