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Understanding premise liability in Illinois

Accidents occur every day, and some leave people with extensive physical, emotional and financial burdens. Thankfully, a personal injury claim can help to alleviate some of that stress.

To create a successful claim, it is important to understand the aspects of the process. In particular for premise liability claims in Illinois, there are a few important things to be aware of. 

By definition

Premise liability is defined as the amount of responsibility property owners hold for visitors while visitors are on their property. This form of liability comes at a few different levels, and the type of property and the visitor's classification type determine those levels. There are visitors who the property owner invites on the property for personal or business matters, those the property owner gives permission to enter the property without a direct invitation, and trespassers. A party may fit into more than one category, but at different times. It is the visitor's classification at the time of the incident that matters in regards to the claim.

How it works

Similar to an auto accident, or any other claim involving the negligence of another party, a claimant must prove said negligence. To accomplish this, there are four assertions the claimant must support:

  1. The property owner owed a certain level of care.
  2. The property owner did not provide that level of care.
  3. The lack of care led to the injury.
  4. There are damages due to the injury.

Showing each element is critical to building a solid case. Therefore, understanding premise liability, and the level of care a property owner should show a party as a specific type of visitor, is essential. Reviewing the premise liability law in full may aid in constructing a compelling case.

If you or a loved one suffered an injury due to dangerous conditions on a property, you may have a legitimate case. The collection and presenting of supporting evidence will be vital to winning your case.

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