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.

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Illinois law allows those who have suffered an injury to file a suit against the responsible party. If you have suffered an injury due to a property owner’s negligence, you may be entitled to compensation.

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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.

Choosing the right attorney can make all the difference during your personal injury claim. The experienced attorneys at Scott W. Sheen & Associates ensure you receive the compensation you deserve in a stress-free manner.

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