Springfield, IL Premises Liability Attorneys
Sangamon County Law Firm Fighting for Premises Liability Accident Victims
Premises liability refers to the legal responsibility that a property owner or occupier has for accidents and injuries that occur on their property due to unsafe conditions. The concept is based on the idea that property owners should maintain a reasonably safe environment for visitors. When they fail to correct hazardous conditions or warn visitors about them, they may be held accountable for any injuries that result.
If you've been injured on someone else's property, whether it be a slip on a wet floor, a fall on an uneven surface, or another type of accident, you might have a premises liability claim. At Haxel Law, we are passionate about making our local community safer, and that starts with holding negligent property owners accountable for unsafe conditions that cause real harm. You shouldn’t have to pay for medical bills or cover lost wages from missed work when an accident wasn’t your fault, and we can help you seek the full compensation you are entitled to under the law.
We Know How Insurers Approach Premises Liability Cases
The property owner or their insurance company may offer you a settlement after you suffer an injury due to some type of safety hazard. While you may be tempted to take the money, keep in mind that you typically lose your right to take any further legal action if you accept a settlement. The initial settlement may not reflect the actual extent of your damages, and you deserve compensation for all your losses.
Our firm’s attorneys have insurance industry experience, so we have a unique perspective on how insurers tend to handle premises liability claims. We are familiar with how they tend to lowball victims and can leverage our knowledge to fight for a just outcome. Our team can negotiate aggressively with the insurance company, and if they refuse to play fair, we are prepared to go to court and seek the best possible outcome.
Our Springfield, IL, premises liability lawyers are happy to review your legal options in a free consultation. Contact us online or call (217) 215-4166 today.
Do I Have a Premises Liability Case in Illinois?
In Illinois, property owners generally become liable for a premises liability accident when they are found to have acted negligently in maintaining their property. This means they failed to exercise reasonable care to discover and remedy any unsafe conditions that may lead to injuries.
To establish liability and successfully pursue a premises liability case, you must be able to prove several elements. First, you must demonstrate that you were lawfully present on the property where you were injured, meaning the property owner owed you a duty of care. This duty does not extend to trespassers in most cases, although there are exceptions, such as when the property owner is aware of frequent trespassing and a potentially dangerous condition exists.
Next, you must show that the property owner breached this duty by either creating a hazardous condition or failing to sufficiently address one they knew about or reasonably should have known about. For example, a property owner may be liable if they were aware of a broken stair rail but neglected to repair it over a significant period.
You must then prove that this breach of duty directly caused the accident and your resulting injuries. This often requires showing a clear link between the unsafe condition and the injuries you sustained, which may be accomplished with evidence like photographic documentation or eyewitness testimonies.
Finally, you must demonstrate that you suffered actual damages as a result of the accident. This can include medical expenses, lost wages, pain and suffering, or other losses associated with your injuries.
The state’s premises liability laws can be confusing, but we are here to help you understand your rights after you suffer serious injuries. Our compassionate team at Haxel Law can assess what happened and advise whether you have a strong case.
Types of Premises Liability Cases We Handle in Illinois
Our premises liability attorneys in Springfield, IL, can assist you with many types of claims, including those involving:
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Slip and Fall AccidentsSlips and falls occur when someone slips or trips due to a dangerous condition, such as a wet floor, icy pavement, or an uneven surface. A property owner may be liable if it can be proven that they failed to maintain safe conditions or did not adequately warn visitors of potential hazards. For example, not placing “wet floor” warning signs after mopping a now-slick area could be considered negligent.
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Inadequate MaintenanceSometimes, injuries happen because a property is not kept in a safe condition. This can include failures to repair broken steps, cracked pavement, or faulty handrails. When a property owner neglects regular maintenance and an accident consequently occurs, they may be liable for resulting injuries, particularly if the hazard had existed long enough that it should have been addressed through routine care.
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Negligent SecurityIn certain situations, a property’s lack of appropriate security measures could lead to preventable crimes, such as assaults or robberies. Property owners of apartment complexes, parking garages, or establishments like bars and nightclubs might be held legally responsible for a crime victim’s damages if it can be shown they did not take reasonable steps to secure an area they knew to be potentially at risk. Property owners are expected to implement security measures – such as proper lighting, functioning locks, and surveillance equipment – if their property is located in a high-crime area or if crimes have previously occurred on the premises or nearby.
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Dog BitesUnder many circumstances, Illinois dog owners are strictly liable for any medical damages their animal causes when they bite or attack someone. They are not liable if the victim was trespassing or provoking the dog. To recover damages beyond medical expenses, dog bite victims must prove the animal owner acted negligently in managing the offending pet. In certain cases, an Illinois landlord may also be liable for dog bite injuries if the attack occurred in a public part of a residential building, such as a common area or elevator. Residential property owners are not generally liable if the attack occurred in a rented or leased apartment.
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Swimming Pool AccidentsSwimming pools pose unique risks, and property owners are expected to adhere to strict safety standards. In Illinois, these standards include maintaining fencing around pools, posting clear warning signs, and equipping pools with lighting and safety equipment. Failing to maintain secure fencing, equipment, lighting, or signage can make an owner liable for accidental drownings or other injuries occurring in or around the pool area.
Statute of Limitations for Premises Liability Claims in Illinois
In Illinois, the statute of limitations for filing premises liability claims is generally two years from the date of the accident. This timeframe means that if you are injured due to a hazardous condition on someone else's property, you must file a lawsuit within two years of the incident to pursue legal action. Failing to file within this period typically results in the dismissal of the case and the loss of the right to seek compensation. If a loved one passed away due to injuries sustained in a premises liability accident, the deceased’s personal representative usually has two years from the date of their passing – not the date they were injured – to file a wrongful death claim.
You shouldn’t assume you don’t have a right to compensation when you are injured on someone else’s property! Explore your legal options by calling (217) 215-4166 or contacting us online.
Compensation for Premises Liability Accidents in Illinois
In a personal injury claim stemming from premises liability, you may be eligible to receive various types of compensation, including economic and non-economic damages. Economic damages are quantifiable monetary losses incurred as a result of your injuries, and non-economic damages cover the more subjective, non-monetary consequences of the accident.
Our Springfield, IL premises liability lawyers can work to secure just compensation for both economic and non-economic damages, including:
- Medical expenses
- Lost income
- Lost earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Disfigurement
- Disability
- Loss of consortium
Hear From Our Happy Clients
At Haxel Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Thank you, Martin."When I got injured, I knew I was going to be out of work. I knew I was going to be struggling with my family. I was really worried about the direction my life had turned towards. If I hadn't contacted Martin Haxel. I would still be fighting to get what I deserved. What was owed to me. Mr. Haxel however, stayed with me. He told me the truth. He didn't lie, or manipulate anything. He was honest and informative. He was the hope I didn't have at that time. He struggled with me to get all of it resolved. He did it with integrity, honesty, and a sincere understanding of what I was going through. To anyone considering having Mr. Haxel represent them in similar situations...I would say, you couldn't pick a better person. He's a great lawyer. He does great work. He's a nice person with a lot of experience in this field. If there's anyone you can turn to when no one will listen or even attempt to help you do what is right...Mr. Haxel is the one. I can't say enough good things about him. Now that my case is settled thanks to his work, I'm going to miss having someone having my back. He's a good man and I hope he feels good about what he's done when he lays down to sleep and reflects on his days, weeks, months, and years. People like him, give people hope, and faith that there are good people still roaming around this crazy thing called life. Martin, thank you. You're a beast.- Chris Y.
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"Highly Recommend"Attorney Martin Haxel fought long and hard for a fair and just settlement. I recommend Haxel Law for your Work Comp case.- Karyn S.
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"No One Better"I was referred to Martin by my original attorney. My original attorney didn't want to spend the time and money to represent me because my case was going to be difficult, time-consuming, and against the City of Champaign. I am so glad that Martin was willing to take my case and see it through. If you have a "hidden injury" like me or even an obvious injury Martin will handle it very professionally and give it the attention that you deserve.- John M.
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"What a great experience!"I strongly recommend Haxel Law Firm to everyone. In fact, he has now taken on my fiance as a client. Thanks Marty for what you did for me!- David S.
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"Made Everything Easy for Me"His assistant was very pleasant and helpful as well. If he wasn't available when I called and left a message he was always prompt to respond to my messages and emails. I would highly recommend him to anyone who can use his skills!- David N.
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"Martin Truly Cares About You"I had a life-changing experience 4 years ago. Mr Haxel continually worked with the insurance company to settle the workman comp claim. Mr. Haxel was always available to call if you had any concerns and was always willing to listen to you.- Marvin S.
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"Marty was great to work with!"He kept in communication and made the process as stress-free as possible. Hopefully I never need a personal injury attorney again, but if I do, I wouldn't hesitate to hire Marty.- Kristi D.
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"Very Positive Experience Representing My Daughter"Very responsive and patient answering all my questions. I hope to never be in a situation of needing a lawyer again, but if I did, I would 100% contact Martin again.- Jim P.
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"Thanks For All You Have Done!"Marty Haxel provided exceptional help with a complex work men's comp case, made our part seem small. Would refer him to anyone that needs help fighting the big guys!- David E.