Premises Liability
Property owners must protect the safety of their visitors. They are responsible for maintaining the interior and exterior environments of their properties. If a property owner knows of potentially dangerous conditions on their premises, they must remedy the issues before it results in injury or death. Unfortunately, not all property owners comply with this legal requirement. When they fail to do so, the law holds them accountable under the Premises Liability Act.
At Scott W. Sheen & Associates, we put accident victims first. We have helped countless clients navigate difficult premises liability cases and recover maximum compensation for their injuries. Our legal team will work toward the compensation you deserve and help you seek justice in the process.
A premises liability injury can occur on any residential or commercial property. Because injuries can happen any time, there are various circumstances under which property owners can be held liable. Our utmost priority is proving that your injury was caused by the property owner’s negligence and created these unsafe conditions as personal injury attorneys.
Most Common Premises Liability Injuries
Inadequate Safety Precautions
- Negligent security
- Broken bones due to slippery floors
- Escalator accidents
- Illnesses derived from toxic chemical exposure
- Dog bites
- Water accidents
- Drowning
Insufficient Property Maintenance
- Falls due to snow and ice
- Building code violations
- Defective stairs, balconies, or porches
- Holes and sinkholes
- Unexpected protruding objects
- Unsafe parking lot conditions
- Sidewalk defects
Premises Liability Act
As Stated in 740 ILCS 130/2
The duty owed to such entrants is that of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them. The duty of reasonable care under the circumstances which an owner or occupier of land owes to such entrants does not include any of the following:
- A duty to warn of or otherwise take reasonable steps to protect such entrants from conditions on the premises that are known to the entrant, are open and obvious, or can reasonably be expected to be discovered by the entrant
- A duty to warn of latent defects or dangers or defects or dangers unknown to the owner or occupier of the premises
- A duty to warn such entrants of any dangers resulting from misuse by the entrants of the premises or anything affixed to or located on the premises
- A duty to protect such entrants from their own misuse of the premises or anything affixed to or located on the premises
Illinois property owners do not have a duty to protect entrants who misuse the premises thus are not responsible for any injury sustained from their misuse.
They also do not owe any duty to adult trespassers, as stated in the Illinois Premises Liability Act. However, this portion of the legislature does not apply to child trespassers, as property owners are still responsible for harm sustained by any child.