Danville Premises Liability Lawyer
Why You Need to Retain a Danville Premises Liability Attorney
Property owners in Illinois have a duty to keep their premises reasonably free of hazardous conditions and safe for visitors. Their properties need to be maintained regularly. If a safety issue is brought to the property owner’s attention, it needs to be corrected right away. Failure to carry out any of these actions could leave the property owner open to a negligence claim.
If you have been injured on someone’s property due to an unsafe condition, you need to speak with an experienced Danville premises liability attorney as soon as possible. At Patel Law, PC, we have been representing personal injury clients in Illinois for nearly 30 years. Pursuing a premises liability lawsuit is the primary source of recovery for people who have been injured on someone else’s property.
How to Prove Negligence in a Premises Liability Claim
Before you can collect any compensation, you need to prove the property owner was negligent. The standard issues in a negligence claim include:
- Duty — Were you a lawful visitor on the property? For example, were you at a store shopping for groceries, a social guest in someone’s home, or an overnight guest at a hotel? Any of these examples would make you a lawful visitor. The property owner or occupier has a duty to make sure the property is safe for all legal visitors. A duty owed is the first step in proving a negligence claim.
- Breach of Duty — Once you determine a duty is owed, you need to show that the property owner or caretaker breached that duty. Did they fail to fix a dangerous condition in a timely manner? At a minimum, did they warn you of the hazard? If not, they could be held liable for breaching their duty.
- Causation — Next, did the hazardous condition lead to your injuries? Even if the landowner owed you a duty and breached that duty, there still has to be causation. That means the hazardous condition has to be what caused your injuries. If you caused your own injuries, you may not have a claim against the property owner. Each case is unique, which is why you should talk to a skilled Danville premises liability claims attorney.
- Damages — The final element of a negligence claim is damages. Did you suffer actual harm from the hazard on the property? In other words, you need to show you suffered actual physical, emotional, and/or financial harm.
Premises liability claims are typically complex, and the property owner’s insurance company will do everything they can to deny or minimize your claim. You should not pursue a claim on your own as they will likely offer you much less than you are owed.
Common Types of Premises Liability Claims
There are many types of claims that can fall under the specialty area of premises liability. Some of the most common types of premises liability lawsuits our office handles include:
- Swimming Pools: Swimming pool accidents are not necessarily limited to the summer months. Drownings and near-drownings are a risk anytime a child can get in or near a pool unsupervised. Property owners should have a fence and/or locked gate to keep children out if they have a pool on their property.
- Slip and Falls: Slip and falls can happen just about anywhere. They often occur due to poor lighting, wet or slippery floors, broken stair rails, icy or snowy sidewalks or parking lots, torn or frayed carpeting, etc.
- Negligent Security: Failure to have proper security can result in a premises liability claim. Is there adequate lighting in the parking lot where known assaults have happened? Negligent security claims can also arise when an employer does not do a proper criminal background check on their employees.
- Falling Objects: Falling objects are another big source for premises liability claims in Illinois. This can be merchandise that falls from shelves after being improperly stacked, or someone dropping tools or other equipment at a construction site, for example.
- Toxic Exposure: One common example of a toxic exposure claim would be lead paint or mold build up in your apartment. Landlords have a duty to make sure they are not in violation of local building codes, and their properties should have regular and routine inspections.
Contact an Illinois Premises Liability Lawyer
If you think you have a valid premises liability claim in or around Danville, contact Patel Law, PC today to schedule an initial consultation. Let us take a look at your particular case and tell you how best to proceed and protect your legal rights.