In Illinois, premises liability laws concern injuries sustained by welcomed individuals caused by hazardous conditions on a particular premise. According to the law, it is the responsibility of the party who controls the property to ensure that the property is in a condition that is reasonably safe for lawful visitors to the property or effectively cautions visitors of any conditions existing that may pose a threat of potential physical injury. In Illinois, to win a premises liability case, the plaintiff must be able to prove the presence of each of four circumstances. Notably, the kinds of hazards and harms that can give credence to a valid premises liability claim are numerous.
In most cases, premises liability claims involve slip-and-fall accidents, staircase falls, swimming pool accidents, and more. If you have suffered an injury on someone else’s premises, consider contacting an experienced lawyer to ensure your rights remain protected and that you have a chance to receive the compensation you may be entitled to.
Four Distinct Elements of a Premises Liability Claim
Regarding premises liability claims, four elements must be proven to have existed. These four elements include the following:
- Hazardous condition – Firstly, it must be established that a hazardous condition existed on the property in question. Dangerous conditions may include an unlit staircase, slippery walking surfaces, and more. Particular conditions caused by nature and nature alone may not rise to the level to satisfy a premises liability claim.
- Awareness or knowledge – The operator or owner of the premises in question must be proven to have been aware of the hazardous condition. This knowledge, either actual or constructive, must be proven by showing that the operator or owner of the premises should have known of the dangerous condition.
- Failure to fix or warn – Owners or operators of premises must exercise reasonable care in finding, repairing, or warning welcomed visitors of the hazardous conditions’ existence.
- Injury – It must be shown that the plaintiff suffered an injury because the premises owner or operator failed to adequately protect the guests’ safety from the hazardous condition on the premises. This is most commonly established by medical evidence showing the nature and extent of the bodily injury.
If these four elements can be established, it is more probable than not that the court will find the plaintiff has satisfied the burden of proof, resulting in the defendant being held liable.
Contact a Kane County Premises Liability Lawyer
If you believe you suffered an injury on someone’s property because of their negligence in terminating or warning of a hazardous condition, contact the highly knowledgeable Aurora premises liability attorneys at Kinnally Flaherty Krentz Loran Hodge & Masur P.C.. Call 630-907-0909 for a free consultation.