Champaign Premises Liability Lawyer
Property owners and businesses have responsibilities to people who lawfully enter their property. When an unsafe property condition causes a serious injury, the owner, occupier, business, property manager, contractor, or another responsible party may potentially be liable for the resulting damages.
Patel Law, PC represents people injured because of dangerous property conditions in Champaign, Urbana, Champaign County, and throughout Central Illinois. Our Champaign premises liability lawyers can investigate what happened, determine who controlled the property, preserve evidence, and evaluate whether another party may be legally responsible.
Contact Patel Law, PC for a free consultation about your premises liability case.
What Is Premises Liability in Illinois?
Premises liability is an area of personal injury law involving injuries caused by dangerous or unsafe conditions on property.
Under the Illinois Premises Liability Act, an owner or occupier of property generally owes lawful entrants a duty of reasonable care under the circumstances regarding the condition of the premises and acts done or omitted on the property.
That does not mean a property owner is automatically responsible whenever someone is injured. Liability depends on the particular facts, including the dangerous condition, who controlled the property, how the condition developed, what the responsible party knew or should have known, and whether reasonable care was exercised.
What Types of Accidents Can Lead to Premises Liability Claims?
Premises liability is broader than slip and fall accidents. Dangerous property conditions can cause many different types of injuries.
Examples may include:
- Unsafe or broken stairs;
- Missing or defective handrails;
- Falling merchandise or objects;
- Unsafe balconies, decks, or porches;
- Dangerous parking lots and garages;
- Poor lighting;
- Unsafe walkways;
- Defective doors or gates;
- Dangerous elevators or escalators;
- Swimming pool hazards;
- Inadequate property maintenance;
- Negligent security in appropriate circumstances;
- Unsafe conditions at apartment complexes; and
- Other dangerous conditions on residential or commercial property.
If your injury resulted specifically from slipping or tripping, visit our Champaign slip and fall lawyer page for information about those claims.
Who Can Be Responsible for an Injury on Someone Else’s Property?
The property owner is not necessarily the only party who may be responsible. One important question is who possessed, controlled, maintained, or created the dangerous condition.
Depending on the circumstances, potentially responsible parties may include:
- Property owners;
- Businesses operating on the property;
- Commercial tenants;
- Landlords;
- Property management companies;
- Maintenance companies;
- Cleaning companies;
- Security contractors;
- Construction or repair contractors; and
- Other parties responsible for the condition that caused the injury.
Does a Property Owner Have to Know About the Dangerous Condition?
Notice can be an important issue in an Illinois premises liability case.
Depending on how the dangerous condition arose, a case may involve evidence showing that the responsible party actually knew about the condition or that the condition existed under circumstances in which it should have been discovered through reasonable care.
The analysis can be different when the property owner, business, employee, or another responsible party created the dangerous condition. Determining how the hazard was created is therefore an important part of investigating a premises liability claim.
What Does Actual or Constructive Notice Mean?
Actual notice generally refers to evidence that the responsible party actually knew about the dangerous condition. For example, a customer, tenant, employee, or another person may have previously reported the problem.
Constructive notice may become an issue when a dangerous condition existed long enough, or under circumstances where it reasonably should have been discovered through the exercise of reasonable care.
Evidence such as prior complaints, maintenance records, inspection records, photographs, surveillance footage, employee testimony, and witness statements may help establish notice.
What If the Dangerous Condition Was Open and Obvious?
Property owners and insurance companies may argue that an injured person should have seen and avoided a dangerous condition because it was open and obvious.
Whether a condition was open and obvious, and what effect that has on a premises liability claim, depends on the particular circumstances. These cases should not be evaluated solely on the assumption that a visible condition automatically prevents recovery.
Can a Landlord Be Responsible for an Injury at an Apartment Complex?
Potentially. Apartment premises liability cases may involve unsafe stairs, railings, balconies, entrances, parking areas, common walkways, lighting, or other property conditions.
Whether a landlord or property manager may be responsible can depend on who controlled the area where the injury occurred, the terms of a lease, maintenance responsibilities, notice of the dangerous condition, and other facts.
Can a Business Be Responsible for Falling Merchandise?
Potentially. Merchandise, shelving, signs, displays, equipment, or other objects can cause serious injuries when they fall or are improperly secured.
An investigation may examine how the merchandise or object was stored, whether employees created the condition, applicable safety procedures, prior incidents, surveillance footage, and whether reasonable precautions were taken.
What Is Negligent Security?
Some premises liability cases involve allegations that inadequate security contributed to an injury caused by criminal activity on the property.
Negligent security claims are highly fact-specific. Issues may include the nature and location of the property, control of the premises, prior incidents, foreseeability, lighting, locks, access controls, security procedures, and other circumstances.
The fact that a crime occurred on someone’s property does not by itself establish that the property owner was legally responsible.
What If I Was Injured on Government Property?
Claims involving property owned or controlled by a city, county, school district, park district, or another governmental entity can involve different rules from ordinary private-property cases.
Illinois law provides governmental entities with certain statutory protections and defenses, and special deadlines or procedural requirements may apply. These cases should be investigated promptly so the applicable governmental entity and legal requirements can be identified.
What Evidence Is Important in a Premises Liability Case?
Dangerous property conditions can be repaired or changed quickly after an accident. Surveillance footage may also be overwritten. Preserving evidence as soon as possible can therefore be important.
Useful evidence may include:
- Photographs and video of the dangerous condition;
- Surveillance footage;
- Incident reports;
- Witness statements;
- Maintenance and repair records;
- Inspection records;
- Prior complaints;
- Building or property records when relevant;
- Contracts identifying maintenance responsibilities;
- Lease provisions concerning control of the property;
- Medical records and bills; and
- Documentation of lost income and other damages.
What Injuries Can Result From Dangerous Property Conditions?
Premises liability accidents can cause injuries ranging from temporary soft-tissue injuries to permanent disabilities.
Common injuries may include:
- Broken bones;
- Head injuries and concussions;
- Traumatic brain injuries;
- Neck and back injuries;
- Spinal cord injuries;
- Knee injuries;
- Shoulder injuries;
- Burns;
- Lacerations and scarring;
- Nerve injuries; and
- Other orthopedic or neurological injuries.
What Compensation May Be Available in a Premises Liability Case?
Compensation depends on the injuries, liability, medical treatment, lost income, insurance coverage, and other circumstances of the case.
Depending on the facts, damages may include:
- Past and future medical expenses;
- Lost wages;
- Loss of future earning capacity;
- Pain and suffering;
- Emotional distress;
- Disability;
- Disfigurement and scarring; and
- Loss of a normal life.
What If I Was Partially Responsible for My Injury?
An insurance company may argue that an injured person failed to notice a dangerous condition, ignored a warning, entered a restricted area, or otherwise contributed to the accident.
Under Illinois modified comparative-fault law, being partially responsible does not necessarily prevent recovery. If your contributory fault is not more than 50% of the proximate cause of your injuries, you may still recover damages, although the recovery may be reduced according to your percentage of fault.
If your contributory fault is more than 50%, you are barred from recovering damages.
How Can a Champaign Premises Liability Lawyer Help?
Premises liability cases can involve questions about property ownership, control, notice, maintenance responsibilities, contracts, insurance coverage, and evidence held by businesses or property owners.
Depending on the case, Patel Law, PC can:
- Investigate the property and dangerous condition;
- Identify the owner and other potentially responsible parties;
- Determine who controlled or maintained the area;
- Seek preservation of surveillance footage;
- Obtain available incident, maintenance, and inspection records;
- Locate and interview witnesses;
- Review applicable insurance coverage;
- Gather medical records and bills;
- Document lost wages and other damages;
- Negotiate with insurance companies; and
- File a lawsuit when appropriate.
How Long Do I Have to File a Premises Liability Lawsuit in Illinois?
Illinois generally provides a two-year limitations period for actions seeking damages for personal injuries.
However, different deadlines or procedural requirements can apply in certain cases, particularly those involving governmental entities or other special circumstances.
Waiting can also make a case more difficult because surveillance footage, witnesses, and evidence concerning the condition of the property may disappear long before the legal deadline.
Champaign Premises Liability FAQs
Is premises liability the same as a slip and fall case?
No. A slip and fall is one type of premises liability claim. Premises liability is broader and may involve unsafe stairs, falling objects, inadequate maintenance, negligent security, dangerous common areas, and other hazardous property conditions.
Is a property owner automatically liable because I was injured there?
No. An injury occurring on someone’s property does not automatically establish liability. The circumstances surrounding the dangerous condition, control of the property, notice, applicable legal duties, and the cause of the injury must be evaluated.
Can someone other than the property owner be responsible?
Yes. Depending on the circumstances, a tenant, business, property manager, maintenance company, contractor, or another party responsible for the dangerous condition may potentially be liable.
What if the property owner says they did not know about the hazard?
Lack of actual knowledge does not necessarily end the inquiry. Depending on the circumstances, the question may also be whether the condition existed long enough or under circumstances where it should have been discovered through reasonable care. The analysis may also differ if the defendant created the dangerous condition.
What should I do after being injured on someone else’s property?
Seek appropriate medical attention, report the incident, photograph the dangerous condition when possible, obtain witness information, preserve relevant evidence, and keep records relating to your injuries and expenses.
How much is a premises liability case worth?
There is no standard settlement value. The amount depends on factors including liability, the severity of the injuries, medical expenses, future treatment, lost income, permanent impairment, insurance coverage, and how the injuries affect the person’s life.
How much does it cost to speak with Patel Law about a premises liability case?
Patel Law, PC offers free initial consultations for personal injury matters. You can discuss what happened and learn about your legal options before deciding how to proceed.
Why Choose Patel Law, PC for a Champaign Premises Liability Case?
Patel Law, PC represents people injured because of dangerous property conditions in Champaign, Urbana, Champaign County, and throughout Central Illinois.
Our legal team can investigate the accident, preserve important evidence, identify potentially responsible parties, document the resulting damages, communicate with insurance companies, and pursue compensation available under Illinois law.
Talk to a Champaign Premises Liability Lawyer
If you were seriously injured because of a dangerous property condition in Champaign, Urbana, Champaign County, or elsewhere in Central Illinois, contact Patel Law, PC to discuss what happened.
Call Patel Law, PC or contact us online to schedule a free consultation with a Champaign premises liability lawyer.
