Premises Liability

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Chicago Premises Liability Attorneys

Holding businesses and homeowners responsible for their actions on behalf of Illinois injury victims

Every business that owns or leases an office or building has a duty to keep the inside and outside of the premises safe. Customers who buy food at a restaurant, visit a hospital or apartment complex, shop for merchandise, or just walk on the sidewalk have a right to expect that that the pavements and floors will be safe, that shelves are securely stocked, and that the lighting will allow them to see. Property owners have a duty to regularly inspect their properties for any conditions that might injure a consumer or someone who is legitimately passing by.

At Gainsberg Injury and Accident Lawyers, our Chicago premises liability attorneys understand what safety steps every business owner and homeowner must take. We review the building code laws that apply, the maintenance and repair records, and the physical layout of the property where you were injured. We advise clients on the steps they should take immediately after an accident. Our firm has a proven track record of success in property liability claims. We bring claims against the owners, lessees, repair companies, and any entity that failed its obligation to make you safe.

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What does a Chicago premises liability lawyer do?

In Chicago and the neighboring areas, the ability to win a premises liability claim depends on several factors. Our attorneys will review:

  • If the property owner owed you a duty of care. While trespassers are generally not owed a duty, customers and those on the property with the knowledge of the owner should be protected from harm.
  • If the property owner had notice of the defect. A key question in property liability cases is whether the owner or party responsible for the property knew or should have reasonably known about the defect.
  • If the breach of the duty caused the injuries. A client’s injuries must be caused by the failure to make the property safe. For example, clients who break a leg because they fall due to a hole in the floor or the carpet was torn can generally sue because their injury is due to the bad flooring.

Our Chicago premises liability lawyers investigate the cause of the fall by taking photographs, speaking with witnesses, reviewing lease and maintenance agreements, determining if prior complaints were made, and studying many other aspects of the property conditions and the responsibilities of the owners and tenants.

What are the types of premises liability cases?

Injuries on the property of others happen for many reasons. A few common kinds of injuries are:

  • Slips and falls. Common causes of slips and falls include wet surfaces, sidewalks that haven’t been cleaned of ice and snow, floors that are not level or stable, and when handrails don’t give the proper support.
  • Trips and falls. Clients who trip over tools left on the floor or merchandise left on the ground often have a valid premises liability case.
  • Dog bites. Property owners should keep their dogs secured, especially if they know the dog has a propensity to bite.
  • Bad lighting. Lights should work during store or facility hours, inside the store and in the parking lots.
  • Swimming pool accidents. Homeowners should warn visitors that there is a swimming pool on the property and keep it covered in cold weather, so people don’t fall in.
  • Negligent security. Business owners should take steps to make sure their property is safe from any type of attack or criminal element.

Premises liability law applies to government entities, industrial sites, construction sites, businesses that provide services, retailers, homeowners, and any person or entity that invites or allows people onto their property.

What injuries are caused by dangerous premises in Chicago?

Just as there is a wide array of premises liability accidents, there is also a wide array of injuries that you can sustain. Many of them are severe and may cause long lasting conditions. Such injuries include:

  • Spinal cord injuries. With the spine being the main highway of the nervous system, any injury to your spinal cord can lead to severe and lifelong injuries. Injuries include paralysis of the body below the point of the injury, nerve damage, chronic pain, and even loss of certain bodily functions such as bladder control. Slip and fall accidents are a common source of spinal cord injuries; whether that’s from slipping on your neighbor’s icy steps or slipping on slick tile around their pool.
  • Brain injuries. If you hit your head when you fall, bump it on a low hanging beam, or an object falls on your head, that could result in a traumatic brain injury. Injuries to the head can cause your brain to swell, bruise, or bleed. Brain injuries can be fatal, and survivors often lose certain cognitive functions, have trouble maintaining stable moods, and often suffer from constant headaches, confusion, and depression.
  • Burn injuries. Burn injuries can leave someone scarred, in pain, and disfigured. They range from first degree burns (minor burns) to third and fourth degree burns, which is when muscle and nerve damage is done. Burns can happen anywhere there is an open flame or harsh chemical. Grills, firepits, and stoves are common sources for burn injuries. These accidents can happen anywhere.
  • Traumatic amputation. Losing a limb is one of the most devastating injuries you could sustain. Crushing accidents can lead to traumatic amputation; so, too, can dog bites.
  • Broken bones. Fractured bones can be extremely painful and take months to recover. Even when you are healed, there may still be complications such as soreness, stiffness, and lack of mobility. These injuries often occur during slip and falls, or during physical activities and sports.
  • Wrongful death. In the most tragic circumstances, your loved one can die as a result of an injury on someone else’s property. Children in particular are vulnerable to fatal falls and drowning, but a deadly accident can happen to anyone.

How long do I have to file a premises liability lawsuit in Chicago?

You have up to two years after the injury occurred to file a premises liability lawsuit. There are exceptions to every rule, however, so it is in your best interest to call a Chicago personal injury attorney as soon as possible.

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What kinds of damages can I seek in a Chicago premises liability claim?

If you are injured on someone else’s property, you may seek to have your injury expenses covered. This includes medical expenses, as injuries like spinal cord injuries and brain injuries can require vast amounts of money to treat. This can also include physical therapy and rehabilitation costs.

Damages also include lost wages and the loss of future earning potential, your pain and suffering, and any property losses you sustain.

In the case of a wrongful death, family members of the deceased can also sue for funeral and burial costs.

A property owner has a duty of care when someone else is on their property and is liable for the safety of their invitee; if they fail in this duty, they can be held liable.

Is there a premises liability lawyer near me?

Gainsberg Injury and Accident Lawyers is located at 77 W Washington Street, Suite 1215, right in downtown Chicago. There are two bus stops right near us if transportation is an issue.

Professional legal services premises liability cases in Chicago

Delay can hurt your case. If you were injured while walking on the property of another or visiting someone’s business or home, you may have the right to hold the owners and others accountable. If you wait too long, the property owner may fix the defect, making it harder to prove fault. Your memory and the memories of any witnesses may fade. For help now, please call 312-600-9585 or complete our contact form to speak with a Chicago premises liability attorney at Gainsberg Injury and Accident Lawyers for free.

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