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What is the Illinois Premises Liability Act?

Posted on May 12, 2022

It is crucial for property owners to ensure the safety of their premises for those who have a right to be there. This includes those who own private residences as well as business owners and government property operators. The Illinois Premises Liability Act seeks to ensure that property owners take the steps necessary to maintain safe premises for licensees and invitees. Here, we want to discuss the Illinois Premises Liability Act as well as what it takes to hold property owners accountable when an injury occurs.

Understanding the Responsibility of Property Owners

If we look at the Illinois Premises Liability Act, we see that the law states property owners and operators have a duty to both licensees and invitees. This duty extends to ensuring that these individuals are safe from any foreseeable hazards. Property owners are responsible for maintaining their premises in a reasonably safe condition.

Most individuals who have a right to be on a particular property should be afforded the same standard of care, regardless of whether or not a person is an invited guest or any other individual who has the right to be on the property, including patrons in a store or bank customers.

All guests and visitors to a property should be able to enjoy the time on play premises that has been properly maintained and is free from known hazards. If there is a known hazard present on the premises, guests and visitors should be provided a warning that there may be situations that could cause them harm.

There may be various parties that could be held liable in the aftermath of a premises liability injury in Illinois. This includes those who own private residences, business owners, landlords, leaseholders, government property operators, and more. Liability can get muddied, particularly if the person responsible for the property is a leaseholder, but someone else actually owns the property. It will be important to examine what a contract states about who is responsible for maintaining the premises.

Damages Available for a Premises Liability Claim

There may be various types of damages available to individuals injured as a result of the negligence of a property owner. This can include both economic and non-economic losses, such as:

  • Compensation for all medical expenses associated with the injury
  • Lost income if an individual cannot work
  • Property damage expenses
  • Physical pain and suffering damages
  • Emotional and psychological pain and suffering losses
  • Loss of enjoyment of life
  • Possible punitive damages if the property owner was grossly negligent

Working With a Lawyer

A skilled premises liability lawyer in Chicago will be able to handle these claims on your behalf. It is crucial that an attorney works to prove that a dangerous condition existed on the premises. However, an attorney will also need to show that the owner of the premises knew or should have known about the dangerous condition and failed to take steps to remedy the situation or warn patrons about the danger.

An attorney will use their resources to conduct a complete investigation into the incident, so you will only have to focus on recovering from your injuries. Most lawyers will take these claims on a contingency fee basis, which means you will not have to pay any legal fees until after the attorney successfully recovers the compensation you need.