Waukegan Premises Liability Attorney

It is crucial for anyone who has suffered injuries or damages on another person’s property in Waukegan, Illinois, to understand the importance of obtaining a premises liability attorney. Premises liability cases involve legal disputes arising from injuries caused by unsafe or hazardous conditions on someone else’s property, including slip and fall accidents, dog bites, inadequate security, and other incidents that can occur on commercial or residential premises.

Illinois premises liability laws can be challenging, so having a local liability attorney is essential. The Waukegan premises liability lawyers at Briskman Briskman & Greenberg have over 35 years of experience successfully handling these cases on behalf of injury victims. If you have suffered injuries on another person’s property, contact the attorneys at BB&G at (877) 595-4878 to schedule a consultation to discuss your rights and remedies.

What is Premises Liability in Waukegan 

Premises liability in Waukegan, as in the rest of Illinois, is a legal concept that holds property owners responsible for accidents and injuries that occur on their premises due to hazardous or unsafe conditions. This area of law is crucial in ensuring the safety of individuals who visit or live on someone else’s property.

According to the Centers for Disease Control and Prevention (CDC), accidental falls constitute the primary cause of injuries and fatalities among individuals aged 65 years and older, commonly referred to as older adults. In 2020, the prevalence of older adults reporting incidents of falling within the preceding year varied from 19.9% in Illinois to 38.0% in Alaska. Throughout 2021, the mortality rate associated with unintentional falls among older adults ranged from 30.7 per 100,000 to 176.5 in Wisconsin.

What Is the Duty of Care in Illinois Premises Liability Cases

In Illinois premises liability cases, the “duty of care” refers to the legal obligation property owners owe to individuals who enter their premises. This duty of care is a fundamental concept in these cases and is crucial in determining whether a property owner can be held liable for injuries sustained on their property.

Under Illinois law, the duty of care varies depending on the status of the visitor. 

Invitee

Property owners owe the highest duty of care to invitees, who are individuals invited onto the property for a lawful purpose, such as customers in a store. Property owners must maintain the premises in a reasonably safe condition, regularly inspect for hazards, and promptly address any dangerous conditions.

Licensee

Licensees have permission to enter the property but for their purposes, like social guests. Property owners are required to warn licensees of known hazards that are not immediately obvious and could cause harm.

Trespasser

Property owners owe a limited duty to trespassers, typically only to refrain from intentionally harming them.

The specific duty of care can vary depending on the circumstances of each case, and it may be influenced by factors like the visitor’s status and the property owner’s knowledge of hazards. However, the duty generally entails maintaining the property reasonably safe and addressing any known hazards or defects promptly.

Common Premises Liability Cases in Waukegan 

Common premises liability cases in Waukegan, Illinois, encompass a range of accidents and injuries that occur on someone else’s property due to hazardous or unsafe conditions. These cases are essential for ensuring the safety and well-being of individuals who visit or reside on these premises. 

Slip and Fall Accidents

Slippery surfaces, wet floors, uneven walkways, or poorly maintained stairs can lead to slip-and-fall accidents. Property owners are responsible for keeping these areas safe and adequately warning visitors of any potential hazards.

Dog Bites

Dog owners are liable for injuries caused by their pets if the victim was legally on the property at the time of the attack. Illinois has strict liability laws regarding dog bite cases.

Inadequate Security

Property owners, especially in commercial settings like malls, parking lots, or apartment complexes, have a duty to provide adequate security measures. Failing to do so can result in liability if someone is assaulted or robbed due to inadequate security.

Structural Defects and Poor Maintenance

Hazardous conditions caused by structural defects, such as loose handrails, faulty wiring, or falling objects due to neglect, can lead to injuries and premises liability claims.

Swimming Pool Accidents

Property owners with swimming pools must ensure proper fencing, maintenance, and safety measures to prevent accidents, especially involving children.

Negligent Supervision

In cases involving schools, daycares, or recreational facilities, injuries resulting from negligent supervision can lead to premises liability claims if it can be proven that proper care and supervision were not provided.

Retail Store Accidents

Customers can be injured in stores by falling merchandise, wet floors, or cluttered aisles. Store owners must maintain a safe shopping environment.

These are just a few examples of common premises liability cases in Waukegan. In each case, the critical element is proving that the property owner’s negligence or failure to maintain a safe environment directly led to the injury or accident. Victims of such incidents should consult with a premises liability attorney in Waukegan to assess the viability of their claims and seek compensation for their injuries and damages.

Who Is Responsible For My Injuries In A Premises Liability Case?

In Illinois, determining responsibility and liability in a premises liability claim revolves around several critical factors, including the visitor’s status, the property owner’s actions, and the circumstances of the incident.

Generally, determining whom you can sue will depend on various factors, including the nature of the incident, the property owner’s actions, and the circumstances of the injury. 

Property Owner or Occupier

The primary party to consider is the property owner or occupier. This could be an individual homeowner, a business owner, or a property management company. The owner or occupier is typically responsible for maintaining the premises in a safe condition.

Property Management Companies

If the property is managed by a separate entity, such as a management company, they may share liability for premises-related accidents if they were responsible for maintenance and safety on the property.

Contractors and Maintenance Personnel

If the injury resulted from negligent maintenance, repairs, or construction work performed by contractors or maintenance personnel hired by the property owner, they may also be liable.

Government Entities

In some cases, if the property is owned or operated by a government entity, such as a municipality or public institution, you may need to file a claim against the government. Special rules and procedures often apply in these cases.

Other Negligent Parties

Depending on the circumstances, there could be other negligent parties involved. For instance, if a third party caused the hazardous condition, they may be held liable.

It’s essential to consult with a qualified premises liability attorney in Waukegan, IL, to assess the specifics of your case. They can help identify the responsible parties and guide you through the legal process.

Types of Recoverable Damages in Illinois Premises Liability Cases 

Nationally, substantial verdicts in personal injury and wrongful death cases were most commonly observed in product liability cases (23.6%), followed closely by auto accident cases (22.8%) and medical liability cases (20.6%). On the other hand, premises liability cases constituted 15.4% of these verdicts, while other negligence cases accounted for 7.9%. Intentional tort cases represented 7.1% of such verdicts, and miscellaneous claims comprised 2.6% of the remaining shares of substantial verdict awards.

Premises liability claims, which encompass a wide range of incidents, include everything from workplace injuries not covered by workers’ compensation to injuries resulting from events such as the collapse of a city bus shelter. In Illinois premises liability cases, the court can award damages to compensate individuals who have endured injuries or suffered losses because of hazardous conditions or negligence on someone else’s property.

Damages can cover various aspects of the victim’s physical, emotional, and financial well-being. 

Medical Expenses

Victims can claim compensation for all past and future medical expenses related to their injuries, including hospital bills, surgeries, medications, rehabilitation, and therapy.

Lost Wages

If the injury results in the victim’s inability to work or earn income, they may seek compensation for lost wages, including current and potential future earnings.

Pain and Suffering

Non-economic damages, such as physical pain, emotional distress, and diminished quality of life, may also be awarded to victims.

Property Damage

 If personal property is damaged due to the incident, victims may be entitled to compensation for repair or replacement.

Wrongful Death Damages

If a premises liability incident results in a fatality, surviving family members may seek damages for funeral and burial expenses, loss of financial support, and the emotional toll of losing a loved one.

Punitive Damages

In rare cases of extreme negligence or willful misconduct, punitive damages may be awarded to punish the responsible party and deter future wrongdoing.

It’s important to note that Illinois follows a modified comparative negligence system, meaning that if the victim is found partially at fault for their injury, their compensation may be reduced proportionally.

Have You Been Injured on Another’s Property and Want to Learn More About Your Rights?

If you or a loved one were recently hurt while visiting another’s home or business, you may be entitled to compensation through a Waukegan premises liability lawsuit. At Briskman Briskman & Greenberg, our dedicated team of personal injury lawyers take immense pride in helping accident victims and their loved ones seek justice for what they’ve been through.

We offer free consultations to all prospective clients, during which we will take as much time as we need to answer your questions. We will also outline the relevant laws and provide you with an honest assessment of your case.

If you decide to bring a case with us, we will not accept payment from you unless and until we can win your case through a favorable settlement or jury verdict. To learn more, and to schedule a free consultation today, call Briskman Briskman & Greenberg at 877-595-4878. You can also connect with us through our secure online contact form.