What is Premises Liability Law

In Illinois, every owner or occupier of a property is responsible to take reasonable steps to ensure the property is safe for those entering upon and enjoying the use of the property.  Failure of a landlord, tenant or licensee to inspect, repair and maintain a property in a reasonably safe condition can as well as warn about unsafe conditions will expose them to negligence liability for injuries suffered by those legally (and in some cases illegally) injuring themselves as a result of unsafe conditions that existed on the property.  The most common examples of unsafe property conditions include:

• Slippery or slick sidewalks
• Potholes
• Broken , cracked or uneven sidewalks
• Blocked aisles or walkways
• Loose or rolled up carpets, rugs and mats
• Wet floors
• Failure to warn of or alert to walkway elevation changes
• Poor lighting
• Foreign objects like cords or food on walkways
• Broken stairs or balconies

By far, the most common type of premises liability injury is the trip, slip and fall.  It is estimated that 15% of all accidental deaths in the United States of American are a result of falls that result from someone tripping or slipping on an unsafe condition allowed to exist at a property.  Each year about $50 billion is spent on medical costs related to non-fatal fall injuries and $754 million is spent related to fatal falls!

Those injured as a result of unsafe conditions on a property are allowed to recover the damages that result from those injuries including past and future medical bills, lost wages, pain and suffering, loss of normal life and disfigurement.  

When injured as a result of another’s unsafe property condition, one should take great attention to document the evidence of the condition causing the fall and to report the fall to the property owner and tenant if applicable.  Failure to timely document the unsafe condition with photographs or video can result in the loss of the evidence as property owners are encouraged (and rightly so) to correct unsafe conditions once reported or discovered.  However, not all owners and tenants will honestly acknowledge the dangerous nature of the condition once corrected and laws exist to prevent the entry of the subsequent repair into evidence at trial (known as subsequent remedial measures).

Guiding Your Path to Justice

Premises liability law, although seemingly straightforward, is nuanced and requires a strategic approach to build a viable case to ensure injury victims justly recover for their losses.  It is crucial that injury victims timely consult with experienced injury attorneys following a premises liability injury.  The injury attorneys at Feagans Law Group have the experience and resources necessary to document, build and prove your premises liability claim.  If you or your family member was injured in a fall accident, please consider allowing  the attorneys at the Feagans Law Group to Guide Your Path to Justice.