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Premises Liability

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Were You Injured on Someone Else's Property?

If you suffered a serious injury because of unsafe conditions on someone else’s property, you may be entitled to receive compensation from the negligent property owners or other responsible parties. A Chicago premises liability lawyer with Strom Yen Injury Attorneys can help you file a personal injury lawsuit to recover fair compensation for your medical bills, pain and suffering, and lost income. Successfully representing injury victims for more than 40 years, we have recovered millions of dollars on behalf of our clients.

Did dangerous property conditions cause your accident? Let Strom Yen Injury Attorneys help you recover damages from the at-fault parties. Call (312) 609-0400 to schedule a free consultation.

What Is Premises Liability Law?

Illinois premises liability laws govern the legal responsibilities of property owners and managers with regard to the safety of their properties. Premises liability law holds that property owners and managers have a duty to maintain relatively safe environments for visitors. They are required to remedy hazardous conditions, or warn guests of their existence if immediate remedies are not possible. If property owners allow unsafe conditions to exist and someone gets hurt, owners and operators can be held liable for the harm that results.

Damages Available in a Premises Liability Claim

Premises liability accidents often leave victims to face physical, emotional, and financial burdens that can cause families like yours significant hardship. Fortunately, successful personal injury claims and lawsuits can help you recoup the cost of your medical bills, enable you to afford future medical treatments, and provide your family with financial stability as you recover.

Types of damages available in premises liability claims include:

Economic Damages

Economic damages is the term that your Chicago premises liability attorney will use to refer to the financial losses you have suffered because of your accident. This includes past and future medical expenses, necessary household services, medications, and past and future lost wages. Your lawyer will use your medical bills, wage and earnings statements, receipts, and other documentation to calculate your economic damages.

Non-Economic Damages

Non-economic damages are subjective losses for which a specific monetary value does not exist. Losses that fall into this category of damages in a premises liability case include physical pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

While an experienced premises liability attorney can provide you with a fairly accurate estimate of the value of your non-economic losses, determining your actual award amount is left in the hands of the jury if your case goes to trial.

Punitive Damages

In some cases, you may also be entitled to receive punitive damages. These damages may be awarded if the property owner acted maliciously. Unlike other types of damages in a premises liability case, which are based on your losses, punitive damages serve as punishment to the defendant and a deterrent to keep others from committing the same or similar offenses.

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Proving Negligence in a Premises Liability Case

A property owner has a duty to properly manage, supervise and operate his or her property to minimize unnecessary risk of harm to others. If you have been injured due to the negligence of a property owner, you may have a basis to obtain compensation through a premises liability lawsuit, which is a type of personal injury case.

Your Chicago premises liability lawyer will evaluate your case to determine whether you have grounds to file a claim or lawsuit against the negligent party and the insurance company.

For a successful premises liability claim, your lawyer will need to prove the four elements of negligence – duty, breach, causation, and damages.

Duty

The first step in building your premises liability case will involve establishing that the defendant owed you a duty of care. To this end, we will help you gather documentation to show that you visited the property lawfully. For example, were you a shopper in a store or a guest at a hotel? If so, the property owner has a reasonable expectation to protect you from dangerous conditions they knew or should have known existed. Once it is established that you had authorized entrance to the property, the owner’s duty of care to you follows.

Breach

Your premises liability attorney will then need to demonstrate that the property owner breached that duty owed to you. First, we will need to prove that the owner know about, or should have known about, the hazardous condition that led to your accident. Next, we will need to show that the property owner or operator failed to remove the hazardous condition in a reasonable and timely manner, or that they neglected to provide appropriate warning to you that the danger existed. This may include gathering witness statements or video footage to support the long-term existence of a dangerous property condition.

Causation

Showing that the property owner allowed a dangerous condition to exist, and that an accident occurred, is not enough for a successful premises liability lawsuit. Your premises liability attorney must also provide evidence that your injury occurred as a direct result of the property owner’s negligence. The defense may argue that your actions contributed to the accident, and thus, that you should be barred from recovering compensation. While this tactic is common in premises liability claims, your contribution to causing the accident will not necessarily bar you from financial recovery.

Damages

For your case to be viable, you must suffer actual harm because of the dangerous property condition. Like with other types of personal injury cases, you have nothing to recover for unless you suffered real physical, emotional, or financial harm. Our legal team may use your medical records, expert testimony, and witness statements, along with any financial documentation, to demonstrate that you suffered injuries.

Types of Cases Our Chicago Premises Liability Attorneys Handle

  • Slip and Fall Accidents
  • Negligent Security Incidents
  • Improperly Maintained Structures
  • Dog Bites and Animal Attacks
  • Fire Injuries
  • Exposure to Hazardous Substances
  • Wrongful Death

Do You Need to Hire Our Chicago Premises Liability Lawyers?

  • Injured on another person’s property? Unsure about whether you have grounds to sue? To help you determine whether you have a viable premises liability claim, our attorneys will ask you about how your accident happened. Questions may include:

    • If you were injured in a slip and fall accident, did the property owner fail to warn you about wet floors, step-downs, or trip hazards? 
    • Were you injured because of a loose stairway railing, obstructed walkway, wet or slippery floors, building code violation or other property hazard?
    • If you were assaulted or otherwise injured at a bar, concert or event, did the property owner fail to take adequate security and safety measures?
    • If you were injured by a fire, did the property owner fail to properly maintain the fire alarms or commit other errors that contributed to your injuries?
    • If you were injured by a dangerous property condition, did the property owner fail to take appropriate actions that may have prevented your accident?

    You only have one chance to prevail against the property owner and the insurance company, so hiring the best premises liability lawyers in Chicago just makes sense. Our skilled lawyers have more than 50 years of combined experience helping injured victims recover full and fair compensation.

FAQs About Premises Liability Cases in Chicago

How much can I expect to recover in a premises liability lawsuit?

The amount you can recover in your premises liability lawsuit depends on the severity of your injuries, and the insurance policies and other sources of recovery available. If your injuries are severe, or you are filing a wrongful death lawsuit because you lost a loved one, your financial recovery could reach seven digits or more.

How long do I have to file a premises liability lawsuit?

With few exceptions, Illinois imposes a two-year statute of limitations on personal injury lawsuits, which include premises liability cases. Therefore, you must generally take action within two years of the date the incident occurred, or you risk losing your right to pursue recovery of your losses. Speaking with an experience Chicago premises liability attorney as soon as possible after your accident ensures your right to recover is protected.

How much does a premises liability lawyer cost?

Most attorneys who handle premises liability claims do so on a contingency fee basis to help ensure that injured victims have access to legal representation regardless of their financial situation. When you hire our law firm to handle your case, we will shoulder the financial burdens that accompany your lawsuit, so you can focus on recovering. You pay no fees to us until we recover compensation for you.

Call Strom Yen Injury to schedule a free consultation to discuss your Chicago, Illinois, premises liability case today. (312) 609-0400.

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