Premises liability laws exist to ensure that property owners take appropriate care of their properties and prevent injuries to visitors, guests, and customers. The law defines different types of visitors and the duty of care a property owner owes to each type. Some property owners may also have unique liability concerns, such as attractive nuisances or facilities open to the public. If the property owner failed to take reasonable care of the property or failed to warn about a known hazard you were likely to encounter on the property, the property owner is liable for your damages, and you may be able to recover compensation in a premises liability lawsuit.
If you’ve suffered an injury due to a property owner’s failure to maintain their premises, contact a Chicago premises liability lawyer at Clifford Law Offices to learn your options. Our law firm has decades of experience helping people recover for damages occurring from the actions of negligent property owners. Our attorneys have experience in all types of personal injury cases and premises liability lawsuits, and we know how to handle your case efficiently. Our goal is to help you receive the most compensation for your damages. We treat our clients like family, and we will fight for your rights as we would for our own families.
Navigate This Page
- What Is a Property Owners’ Duty of Care?
- What to Know About Trespassers and Attractive Nuisances
- What Are the Types of Premises Liability Claims?
- Contact a Premises Liability Lawyer in Chicago For Experienced Legal Guidance
What Is a Property Owner’s Duty of Care?
A property owner’s duty of care to a guest depends on the type of guest. Invitees are people the property owner gives express or implied permission to enter the property and typically include neighbors, relatives, and friends. Licensees are people who have the property owner’s express or implied permission to enter the property for their own purposes. Licensees generally include sales representatives or utility workers.
Property owners must warn invitees and licensees of known safety issues on the property if those guests are likely to encounter them while on the property. The duty of care owed to a licensee is generally lower than the duty owed to an invitee; the property owner must only warn a licensee if the property owner knows about the hazard and the licensee is unlikely to discover it on his or her own.
What to Know About Trespassers and Attractive Nuisances
It is important to note that property owners do not owe a duty of care to trespassers or people who enter private property without the property owner’s permission. If a trespasser enters a property without permission and suffers an injury due to an unsafe condition on the property, the trespasser cannot take legal action against the property owner, because the trespasser did not have permission to enter the property in the first place.
The one potential exception to the trespasser rule would be an interloping child. If a property owner knows children who live in the area lack the same level of situational awareness as adults, the property owner should take reasonable care to prevent injuries to children if they are likely to stumble upon a known hazard on the property.
The concept of attractive nuisances may come into play in these situations. An attractive nuisance is any structure or object on private property that may be too irresistible for a child to ignore. Examples may be an unfenced swimming pool or a trampoline left in disrepair. If a wandering child suffers an injury from an attractive nuisance, the property owner could absorb some level of liability for the resulting damages.
What Are the Types of Premises Liability Claims?
Many potential situations can lead to premises liability lawsuits. Some of the most common causes of these lawsuits include:
- Slip-and-fall injuries
- Broken staircases
- Cluttered walking paths
- Ice and snow accumulation
- Unmarked wet floors
- Damaged thresholds
- Tripping hazards like unsecured floorboards, carpets, stairs, or steps
- Swimming pool accidents
- Injuries resulting from negligent security
Contact a Premises Liability Lawyer in Chicago For Experienced Legal Guidance
When residents of the Chicago, IL, area suffer injuries due to negligent property owners, they need reliable legal representation to secure compensation for their losses. The premises liability attorneys at Clifford Law Offices have experience handling civil claims. We have helped win millions in damages in past cases. Contact our office today to schedule a free case evaluation of your premises liability claim, and we will let you know how our firm can help.