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:

 Premises liability laws deal with injuries to welcomed persons due to dangerous conditions on a given premises. It is the duty of the party controlling the property to maintain the premises in a condition that is reasonably safe for visitors to the property, or otherwise to adequately caution visitors against conditions posing a potential risk of physical injury. In order to win a premises liability case in Illinois, a plaintiff must prove the existence of each of the four circumstances. The types of hazards and harms that may give rise to a valid premises liability claim are varied, and most frequently include accident types such as slip-and-fall incidents, staircase falls, swimming pool accidents, and in some instances, harms caused by animals, including canines. If you have suffered an injury on the premises of another, contact an attorney following the accident so that evidence can be promptly preserved. 

Establishing a Prima Facie Case for a Premises Liability Claim

The prima facie case for a premises liability claim includes four distinct elements, each of which must be proven by a preponderance of the evidence. These elements are: 

• Dangerous condition - It must first be established that a dangerous condition existed on the property. Dangerous conditions may include such hazards as unlit stairwells, unenclosed swimming pools, and slippery walking surfaces. Certain conditions created by nature alone may not be used to prove this element. 

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In the state of Illinois, entities in charge of maintaining a property are expected to uphold high standards to protect those who visit and occupy the structure. When structures like balconies or porches are not properly maintained, constructed, and inspected, innocent lives may be at risk of sustaining very serious injuries. If you or a loved one have been harmed due to a structural collapse, it is possible that your injuries are a result of negligence.

Causes and Injuries Related to Structural Collapses

Structural collapses are almost always preventable and often a result of negligence. Structural collapses are frequently caused by negligence in instances involving faulty construction, foundation defects, building code violations, preventable fires and explosions, inadequate building maintenance, poor design, and insufficient building inspections.

When liable parties fail to keep up with regular maintenance or fail to properly design and construct structures such as balconies and porches, victims can suffer severe industries. While the severity of such injuries often varies depending on the structure’s distance from the ground and the way in which the structure collapsed, there are common injuries that arise from such accidents. For example, commonly seen injuries that arise from a balcony collapse include:

Individuals occupy, patronize, and utilize public properties and facilities every day. They rarely stop to consider who maintains these properties and how that maintenance, or lack thereof, could possibly affect them. Holding property owners accountable for the condition of their property and how that condition may affect their guests is an aspect of premises liability. Guests and tenants who are injured by a property owner’s negligence should be aware of their rights and what damages they may be eligible to recover

Causes and Consequences of Inadequate Maintenance

When property owners neglect to put the time and effort into maintaining their site and its surroundings, guests of the property or business can sustain unnecessary injuries. Unfortunately, it is common for these maintenance issues to not be addressed until it is too late. This sort of premises liability can occur in numerous environments including the workplace, common areas such as shopping centers and apartment complexes, stores, roadways, and public transit.

Types of maintenance issues that could lead to guest injury include insufficient security, spills or fallen merchandise, uneven or broken stairs or sidewalks, overgrown or improperly maintained trees, and cluttered aisles and hallways. In addition, a property feature that is often overlooked is the property’s lighting. Unfortunately, a lack of proper lighting can lead to more opportunities for violent crimes and should be monitored on a regular basis.

Apartment living certainly has its advantages. However, one major disadvantage of living in an apartment or rental house is that the tenant has little control over the property’s upkeep. When a landlord fails to keep a rental property in a reasonably safe condition and a tenant is harmed as a result, the tenant may be able to sue the property owner for damages. The tenant may be entitled to compensation for medical bills, lost wages caused by missed work, pain and suffering, and more.

Injuries Caused by Negligent Landlords

Whether a landlord is an individual or a company, the landlord owes tenants a legal “duty of care.” The landlord has an obligation to keep the premises free of obvious hazards that could cause injury. If a landlord fails to uphold this duty and a tenant is injured or killed as a result, the landlord may be liable for damages. Some common examples of unsafe conditions include:

• Failing to install working smoke detectors or ensure the property has adequate fire escapes
• Inadequate security measures such as broken locks
• Poor lighting
• Broken stairs
• Missing handrails
• Broken or dangerous balconies
• Building code violations
• Not removing snow and ice from the property per the lease agreement
• Parking lot defects
• Electrical hazards
• Unsafe elevators or escalators
• Dangerous conditions in the swimming pool are
• Plumbing issues or leaks

When Is a Landlord Liable for a Tenant’s Injury in Illinois?

Obviously, landlords and apartment complexes cannot prevent every injury that occurs on the property. The four main components in a successful premises liability case include: