Chicago Premises Liability Lawyer - Article

A Closer Look at Premises Liability

If you have been injured on someone else’s poorly maintained property, you may be able to file a premises liability claim. However, it is not true that you can simply file a claim against the owner of any property you are on when you get injured. The law is a little more complicated than that. Let’s examine it in more detail.

Naturally, your relationship with the owner of the property is one factor. If you are an intruder on their property, it is very difficult to win a premises liability claim. Some states also distinguish between invitees and licensees of the property in question, but Illinois law does not. If you are not a trespasser, then the owner of the property owes you a reasonable duty of care. That means he or she is responsible for making sure you do not face any unusual risks while on their property.

There are some exceptions to this duty, however. For example, if the property owner warns you of certain risks ahead of time, you are choosing to accept those risks by visiting his or her property. This means that he or she is not responsible for any injuries you sustain from those risks. The duty of care is also waived if you are misusing the premises or anything located there. The property owner is also not liable for any risks that he or she could not reasonably have known about.

If you meet the requirements for a premises liability claim and wish to act on this, contact the Chicago premises liability lawyers Friedman and Bonebrake at (312) 466-8200.