When you set foot onto another’s property, you do not expect to come away with an injury. You assume that the property is safe for your visit.
Unfortunately, not all property managers and owners exercise due care for the safety of their guests. Accidents happen, leaving victims with injuries requiring lengthy and expensive medical treatment.
In the best-case scenario, a personal injury is inconvenient. Much more often, the consequences are far-reaching and possibly devastating. If you or someone you love was hurt on another’s property, a Bloomington premises liability lawyer can help review your case and explain your legal options for financial recovery.
Types of Premises Liability Hazards
An accident can happen for any number of reasons, but some causes of injuries are more common than others. The following list includes some of the more prevalent accidents or hazards that give rise to premises liability cases in Bloomington:
- Tripping hazards,
- Fires,
- Noxious fumes or chemicals,
- Plumbing leaks or flooding,
- Swimming pool incidents,
- Insecure decks or balconies,
- Stairwells in disrepair,
- Elevator or escalator malfunctions, and
- Accumulated snow and ice.
Overview of Premises Liability Law in Illinois
The idea of premises liability is to ensure accountability on the part of landowners who host visitors, particularly invited guests. There needs to be a high degree of confidence that if, for example, a shop patron enters a clothing store, they will not be at risk of suffering a fall due to loose floorboards or other hazards.
A central question in premises liability lawsuits is whether the property owner or manager has a legal duty to protect visitors. Generally, landowners owe a duty of reasonable care to people who legally enter their property.
The relationship between the plaintiff and the defendant determines the existence of a legal duty. What the plaintiff was doing on the property and why can be determinative factors. If charged with a legal duty, the landowner has some degree of responsibility for warning or protecting visitors from hazards on their property.
A plaintiff must then prove that the defendant breached their duty by acting or failing to act reasonably. Breach of duty can be a challenging element to prove because of various defenses available to landowners. A commonly raised defense is that the plaintiff themselves did not act reasonably or that they used the property in an unforeseeable way.
Next, a Bloomington premises liability plaintiff must show that they were injured, and the defendant’s breach of their duty proximately caused the injuries. Causation can be a hang-up because of the fact-intensive nature of the inquiry and counter-arguments.
Contact a Bloomington Premises Liability Attorney
If you were hurt while visiting another’s property, an experienced premises liability lawyer could help you navigate the legal landscape and understand the strengths and weaknesses of your case. Potential compensation could include reimbursement for medical expenses and damages for the pain and suffering you experienced as a result of the accident.
The party responsible should be held accountable to compensate you and to deter them from repeating their careless behavior in the future. Get in touch with a Bloomington premises liability lawyer today to discuss your options.
