Cook County Premises Liability Lawyer Can Help if Hurt on Another’s Property
Injuries that someone sustains on another’s’ property fall under the area of personal injury law referred to as premises liability. The rules regarding seeking compensation for damages by filing a premises liability claim are detailed in the Premises Liability Act, Illinois Compiled Statutes 740 ILCS 130. Filing and proving a premises liability case requires certain elements, substantial proof and adherence to the state’s legal procedures. Victims can seek help from a legal professional. For a Cook County premises liability lawyer, contact Buttafuoco & Associates and schedule a free consultation.
Common Types of Premises Liability Accidents
Premises liability accidents can occur on public, private, or commercial property. Some of the most common accidents include the following.
- Slip and fall accidents
- Being struck by falling merchandise
- Public sidewalk injuries
- Daycare and school injuries
- Building, roof, deck or other structure collapses
- Slippery or broken stairs
- Dog attacks
- Exposure to mold or other toxic substances
Elements Needed to Prove the Owner’s Liability
To have a viable premises liability claim, there are certain elements you must be able to establish. Namely, you must be able to prove the following.
- The owner or another person in charge of the premises knew or should have known about the dangerous condition and knew that the condition could cause harm to someone who entered the property.
- The owner should have been able to foresee that visitors would not be aware of the unsafe condition and would fail to protect themselves.
- The owner didn’t exercise reasonable care to protect visitors, e.g., he or she didn’t notify or warn visitors about the unsafe conditions, or failed to fix the hazard.
- The owner didn’t take any unsafe conditions into account (such as swimming pools) that might attract children.
Proving these elements can be laborious. You’ll need adequate evidence to support your claim and it’s quite likely that the owner’s insurance company or lawyer will try to refute liability or minimize your claim in some way. This is why you’ll want to enlist the help of a lawyer to assist you. Your lawyer can help collect evidence, be prepared for any arguments the defense might make, and present your case is a clear and convincing manner.
Note, only those who were legally allowed to be on the premises are entitled to restitution for damages. Trespassers are barred from rights to seek recovery from property owners.
Seeking Compensation for Damages
With many premises liability accidents, the victim can try to recover damages by filing a claim with the appropriate insurance company. If the injury occurred on someone’s private residence, their homeowners’ insurance policy might cover the damages. If the accident was on commercial property, the company’s general liability insurance usually applies.
If the policy doesn’t cover your accident, if the landowners refuse to cooperate or if you cannot get a fair settlement offer, the next step is to file a premises liability lawsuit. There is a certain time limit you have to file your suit. Also, if the accident occurred on public property, there are especially tight deadlines and stringent protocols for seeking reimbursement. You’ll want to talk to an attorney and get the ball rolling as soon as possible because overstepping the deadline bars your rights to compensation.
Free Consultation with a Premises Liability Lawyer
If you or your loved one were injured on another’s property, you are welcomed to speak to a lawyer at Buttafuoco & Associates. Call the office today at 1-800-NOW-HURT to schedule a free, no-obligation consultation or contact us online.