Premises Liability for Injuries On Private Property

 Posted on January 13, 2024 in Premises Liability

In Illinois, a landowner is liable for some of the damages for personal injuries that occur on those premises. However, it is on you to prove the injuries you sustained on the property were because of a dangerous condition found on the premises. A simple slip and fall on someone’s private property does not automatically entitle you to any compensation. Therefore, it is in your best interest to seek out an experienced attorney in these situations.

Proving Owner Negligence

Did the owner of the private property invite you or give consent for you to be on the property? The Illinois Premises Liability Act states that owners must show a reasonable duty of care to all visitors which includes the condition of the premises. However, if the visitor already knows about possible conditions that could potentially result in injury, or those conditions are blatantly obvious, then the owner owes no such duty of care. A duty of care is also not owed to any visitor if there are conditions that could cause injury that may be hidden, and the owner is unaware of them.

Owners do not have to warn visitors of possible dangers that could be present due to a visitor's misuse or mishandling of anything on the premises or the premises itself. However, all of this is predicated on the understanding that those visiting the premises were either invited or authorized to be there. Who is liable for slip and fall injuries that occur while trespassing on private property?

Duty of Care For Trespassing

Any adult trespassing on privately owned land who suffers an injury while on those premises is not afforded a duty of care by the owner. The emphasis is focused specifically on the word “adult.” Yet, when it comes to children, a property owner can be held liable for injuries suffered on their land if there were foreseeable hazards that could have been addressed. These hazards would need to not be so obvious to a child but still noticeable enough to not be considered “hidden.”

Statute of Limitations on Slip and Fall Injury Lawsuits

Victims of injuries on private property have up to two years from the date of the injury to pursue a personal claim or lawsuit. Injured persons who do not file their lawsuit in time will have their right to seek future compensation waived. This is why you should reach out to a personal injury attorney as soon as possible following a slip and fall accident. A skillful attorney will use the time provided to begin investigating the circumstances surrounding the slip and fall accident to determine your lawsuit eligibility.

Contact a Lake County, IL Personal Injury Attorney

Due to the limitations on your time to file, it is highly recommended to seek out an experienced Waukegan, IL slip and fall injury lawyer immediately after suffering an injury. The firm of Salvi & Maher, LLP can provide a free consultation to discuss your unique situation and formulate a game plan to get you the compensation you deserve. Contact our office at 847-662-3303 without delay to get started.