Types of Premise Liability Accidents
When a person gets injured on the property of another person or company, the owners may be held liable for the accident. This type of personal injury case is often the result of poor maintenance or unsafe property. When going after a property owner after an injury on their premises, it is important to be able to prove that the owner was negligent. In regard to property, if a person does not reasonably maintain their home or land, or give proper warning, they can be found negligent and liable. The landowner also must have known about the hazard, and actively refused to take action.
In Illinois, there are laws that address people who visit a property and rights they are given. A person who is invited by the property owner, such as friends or family, are entitled to a safe environment when visiting the property. Landowners must keep their property reasonably safe for these guests. A person who has implied permission of entering a property, such as a salesman or delivery driver, has less protection because even if the owner is aware of a hazard, the licensee will likely not face it. If a person is trespassing, they have the least amount of protection if they are injured on a person’s premise. The only exception may be a child if, for example, if they wander onto a property that has a pool that is unsecured and gets injured or drowns.
There are a number of circumstances where a person could find them self victim to a poorly maintained property or incident involving negligence. You may have a personal injury case if you have experienced the following:
- Slip and Fall: A faulty staircase, slippery floor, or tripping hazard can cause a person to fall. Falls can produce a variety of injuries from bruises to head trauma. This is one of the most common premise accident scenarios.
- Building Security: If a building owner, such as a landlord, does not provide adequate security and someone gets injured as a result, the victim may be able to sue for personal injury. For example, if a burglar was able to easily break into an apartment, and an occupant got shot or stabbed, the property owner may be liable.
- Swimming Pools: Swimming pools are required to have a fence or other barrier surrounding them in most states. In Illinois, the minimum height for an enclosement is 42 inches. This does not apply to above ground pools of that height or Jacuzzi. A young child can easily get away and drown in a poorly secured pool, and the owner may be considered negligent for their barrier does not meet the legal requirement.
Contact a Kane County Premise Accident Attorney
Unless trespassing, a property owner is obligated to keep their land up to a reasonable standard for your safety. If their negligence has caused you pain and suffering, contact an experienced Aurora premises liability attorney to see if you a case for compensation. Call our office at 630-907-0909 to schedule a free consultation.
Sources:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57
http://www.ilga.gov/legislation/legisnet90/hbgroups/hb/900HB1009LV.html
