A Chicago premises liability lawyer helps people who’ve been hurt because of dangerous conditions on someone else’s property. Whether you slipped and fell, were injured due to poor security, or were involved in another type of property-related accident, we work to hold negligent property owners accountable. To build a strong case, we aim to show the owner knew, or should have known, about the hazard that caused your injury. Our goal is to help you recover the compensation you deserve.
If you’ve been injured in Chicago due to a property owner’s negligence, you need a trusted legal partner to help you seek justice and fair compensation.
At Blumenshine Law Group, our experienced Chicago attorneys are dedicated to advocating for your rights and ensuring you receive the compensation you deserve. Contact us today at (312) 766-1000 for a free consultation.
What is a Chicago Premises Liability Case?
A premises liability case is a legal compensation claim that arises when an individual is injured while on someone else’s property due to unsafe conduct or conditions. Such a case is based on careless operation or maintenance and dangerous property conditions that caused the injury. This type of case can be brought against multiple parties, including property owners, property managers, or those with the right to use and occupy the property, such as a repair company or a tenant. Premises liability cases allow an injured party to recover damages for harm suffered due to a property owner’s failure to ensure safe conditions.
Proving Property Owner Negligence in Chicago Premises Liability Claims
A successful premises liability claim in Chicago establishes that the property owner’s negligence or careless conduct caused the injury. The property owner is duty-bound to maintain a safe environment on their property, and if they fail to fulfill this obligation, resulting in harm to someone, they are liable for damages. Compensation for injuries may be available if the injured person can prove these elements.
At Blumenshine Law Group, we are committed to providing expert and empathetic legal guidance tailored to your individual needs. With years of experience serving the Chicago community and the broader Illinois region, we have consistently championed the rights of personal injury victims, especially those affected by the carelessness of property owners and managers.
Our track record speaks for itself, with hundreds of cases in which we’ve secured total settlements exceeding millions for our valued clients.
Injured on Unsafe Property in Chicago? We Can Help.
At Blumenshine Law Group, our personal injury lawyers have helped numerous victims recover compensation after slip and falls, trip and falls, inadequate security, and other property hazards in Chicago. We handle the legal complexities – you focus on healing. Call (312) 766-1000 to start your premises liability case or request a free review today. Don’t go it alone – let our dedicated team protect your rights.
Elements of a Premises Liability Case
- Duty is the legal obligation of property owners and occupiers to be careful and attentive to potential risks of injury to people who come onto the property and to take action to prevent injury to others.
Duty Examples (for Property Owners and Managers)
- Landlord duty to tenants and visitors: keep sidewalks and stairs free of debris and liquids, keep the walkways level, and install lighting in walking areas. Rear
- Store duty to shoppers: keep aisles clean and unobstructed for customers.
- Restaurant’s duty to customers: ensure that food and drink spills are cleaned immediately.
- Bars: do not over-serve alcohol to customers, eject drunk patrons, have trained security at the bar to manage dangerous conflicts, and implement policies to address negligent security risks.
- Hotels to guests: Keep walkways clear and free of debris and have security measures in place to prevent criminal conduct that endangers guests. Hotels have specific duties to guests regarding security and maintenance. Read more about our Chicago Hotel Injury representation here.
- Office buildings to occupants: keep the lobby floor clear and dry, ensure elevators are operational, and keep stairway steps safe.
- Chicago Residential Landlords: Under the Chicago Residential Landlord and Tenant Ordinance (RLTO), landlords in neighborhoods such as Lakeview or Rogers Park must maintain common areas, including ensuring adequate vestibule lighting to prevent assaults and repairing broken porch railings to prevent collapses.
2. Breach of duty is failing to use reasonable care to prevent foreseeable injuries.
Examples:
- Allowing tile floors to become cracked and uneven,
- Not cleaning up a food or drink spill in a store aisle,
- Not providing security in a parking lot where customers had previously been assaulted.
Understanding the Illinois Premises Liability Act
In Illinois, premises liability claims are governed by 740 ILCS 130, which abolished the old distinction between ‘invitees’ and ‘licensees.’ This means property owners owe a duty of ‘reasonable care’ to almost everyone who lawfully enters their property, whether you are a customer at a Magnificent Mile shop or a social guest at a friend’s apartment in Wicker Park.
Proving Fault for an Accident on Premises in Chicago
In Illinois, proving the defendant’s fault or negligence is required to win a successful recovery. The injured party bringing the case must prove, by a “preponderance of the evidence,” that the defendant’s conduct was negligent. What is negligence? Negligence is the failure to exercise reasonable care. Negligence is the failure to meet the duty of “due care.” At its core, negligence is about a lack of safety.
Proving fault requires the use of the law and the evidence. The law comes from many sources:
- Statutory law – law “on the books” passed by the legislature
- Municipal ordinances – laws passed by cities and counties
- Case law – law from court decisions
- Contracts – Property owners may have entered into agreements requiring them to use due care for the safety of others
Evidence of fault comes in many forms, such as:
- Testimony – what people say and describe under oath
- Documentary – contracts, operating manuals, emails
- Visual – photos and videos
At Blumenshine Law Group, we understand that lawsuits can be complex. Many property owners might put up a defense when faced with a liability claim. They could contend that the injured party was partly or entirely at fault, perhaps by failing to heed clear warning signs or by entering areas they shouldn’t have. Another common defense is that the hazard was clearly visible, and a vigilant individual would have sidestepped it.
Navigating these challenges requires expertise and a deep understanding of the nuances of the law. That’s where we come in. We’re here to ensure you’re well-informed, prepared, and represented every step of the way. Your rights and interests are our top priority.
Compensation in an Illinois Premises Liability Case
Compensation in an Illinois Premises Liability Case is based on the facts and law of each case. Of course, the competence and commitment of your attorney matter greatly. The two primary factors that drive compensation amounts are the severity of the injury and the nature of the property owner’s negligence. A third factor is the amount of insurance policy limits.
Compensation elements:
- Medical expenses (past and future)
- Disability (past and future)
- Pain and suffering (past and future)
- Income loss
- Disfigurement (scarring)
We have a case where a falling garage door severely injured our client. The homeowner had just $300,000 in liability insurance, which is the maximum compensation limit. Most business owners have at least $ 1 million in liability insurance.
The injured person’s credibility is a factor in compensation. Most people are honest, and if an injured person is not truthful, the case’s value can go down.
Some of the factors that contribute to compensation in an Illinois premises liability claim
- Severity of injuries
- The fault of the property owner or property manager
- Insurance policy limits
- The credibility of the injured person
Case Results
Chicago Trip and Fall Accident / Paralysis – $3,950,000 – Recovered for our Chicago-area physician client who suffered quadriplegia injury as a result of a fall-down incident.
Leg Crush at Vehicle Repair Shop – $1,500,000 – Recovered for leg crush injuries sustained by a 31-year-old truck driver at a truck repair facility.
Slip and Fall in Chicagoland workplace / Back surgery – $1,275,000 – Recovery for 58-year-old elevator mechanic who slipped and fell on the slippery coating on the roof of a high-rise building. Our client underwent significant back surgery.
Chair collapse / Shoulder surgeries – $900,000 – Recovery for our client as a result of a stool collapse at a laundromat. Our client sustained a rotator cuff tear needing three surgeries, including a total shoulder replacement.
Brain Hemorrhage / Parking lot potholes – $475,000 – Recovered for our client who tripped and fell in the parking lot of a big box store due to the severely cracked pavement
Past results do not guarantee future outcomes. Each case is unique and results depend on specific facts and circumstances.
Fatalities and Wrongful Death Claims
Fatalities and wrongful death liability claims can result from various incidents such as slips and falls, construction accidents, and hazardous property conditions. If a person dies due to a property owner’s neglect or failure to maintain a safe environment, the surviving family members may file a wrongful death claim.
Compensation in a wrongful death claim can include reimbursement for medical expenses, funeral costs, lost income, and loss of companionship. Punitive damages may also be awarded to punish the owner for their deliberate or reckless actions.
It is crucial to consult early on with an experienced Illinois premises liability lawyer at Blumenshine Law Group, who can guide you through your legal options and ensure that your rights are protected. We listen to your experience, investigate the accident circumstances, gather evidence to support your claim, negotiate with insurance companies, or pursue your rights in court.
By holding the liable parties accountable, you not only receive the compensation you deserve but also help prevent similar accidents from occurring in the future.
What Are Common Types of Premises Liability Accidents?
| Property Type | Common Chicago Hazards | Owner’s Legal Duty |
| Retail & Grocery Stores | Wet floors from winter snow/ice, falling merchandise, spills in aisles. | Must inspect aisles regularly and place “Wet Floor” signs immediately. |
| Apartment & Condos | Porch/deck collapses, broken stairwell lighting, icy gangways. | Must maintain common areas under the Chicago RLTO and building codes. |
| Public Transit (CTA/Metra) | Slippery platforms, escalator malfunctions, sudden stops causing falls. | Owed the highest duty of care to passengers as a “common carrier.” |
| Commercial Offices | Elevator drops, lobby slip-and-falls, revolving door injuries. | Must maintain elevators and keep lobby floors dry during rain/snow. |
| Parking Garages | Inadequate lighting, resulting in assaults, potholes, and broken gates. | Must provide reasonable security measures to prevent foreseeable crimes. |
Slip and Fall Accidents
Slip and falls are the most common premises liability claims in Cook County. Whether it’s a wet floor at a grocery store or an icy sidewalk outside a business, property owners must mitigate hazards.
Porch and Deck Collapses
Chicago’s older housing stock often features multi-level wooden porches. When landlords fail to inspect for rot or structural weakness, catastrophic collapses can occur.
Stairway and Handrail Defects
Missing handrails, uneven risers, and poor lighting are code violations that lead to serious falls.
Negligent Security & Hotel Injuries
If you were assaulted at a hotel, motel, or parking garage due to broken locks, lack of cameras, or absent security guards, the property owner may be liable.
Dog Bites & Animal Attacks
Premises liability also extends to pet owners who fail to control dangerous animals on their property.
What Are Common Injuries From Chicago Premise Accidents?
- Broken bones and fractures – Falls often cause broken bones or fractures. These range from minor cracks to complex breaks that require surgery. Signs include severe pain, swelling, bruising, difficulty moving the limb, and distortion of the injured area.
- Traumatic brain injury (TBI) – A TBI happens when a sudden force or blow causes brain damage. Causes include car crashes, falls, sports injuries, and head impacts. Symptoms range from mild concussions to severe cognitive/physical disabilities. Seek medical care after any head injury, as damage may not be immediately evident.
- Concussions: a type of traumatic brain injury (TBI) resulting from a significant impact to the head or body, can create a variety of distressing symptoms. Sufferers may experience symptoms such as headaches, vertigo, disorientation, amnesia, and aphasia, among other complications related to speech and communication.
- Brain hemorrhage: a type of bleeding within the skull that ensues from an external force exerted upon the cranium or physical body, can be brought on by numerous factors, which include skull fractures, contusions, or lacerations. If someone shows signs like severe headaches, confusion, weakness, or fainting, they need to seek medical help right away because it could be dangerous and life-threatening.
- Skull fracture: A skull fracture is a break or crack in the skull bone caused by major head trauma (e.g., car accidents, falls, assaults). It can range from minor cracks to severe fractures with bone displacement. Symptoms may include swelling/bruising, bleeding (nose/ears), headache, confusion, or loss of consciousness. Requires immediate medical care to assess brain injury and stabilize the skull.
- Post-traumatic stress disorder and other psychological conditions
- Back and Neck Injuries – falls can cause excessive force to the neck and back, which are anchored by the spinal structures. The cervical (neck) and lumbar (back) spines are particularly vulnerable to injury in falls. Examples of severe neck and back injuries are:
- Herniated discs
- Vertebra Fractures
- Pinched nerves
- Torn Ligaments and Cartilage – falls can cause twisting and torquing of the joints, which exceed their normal capacity.
- Burns: fires and explosions often cause painful, disfiguring injuries.
- Fatal injuries (aka “Wrongful Death”) – the most tragic premises liability injuries result in death.
Why do I need an experienced, ethical, zealous attorney?
You can always do a quick Google search or use ChatGPT to help with your premises injury case and go without legal help. While you might pull off a win, there’s also a chance you could lose your claim. Typically, someone without a legal background may not realize the complexity of these cases. Court rules, procedures, and tricky insurance defense lawyers who look for any weaknesses can make it challenging. That’s why it’s really important to understand the details of your case to decide whether you want to try handling it yourself or get some professional legal help.
Our Chicago Premises Liability Attorneys Stand Ready to Support You
Blumenshine Law Group promptly delves into your case, collaborating with experienced investigators to thoroughly document accident scenes, interview witnesses, and secure vital evidence, including surveillance footage. We consult with specialists to identify the root causes of accidents caused by hazardous property conditions. A pivotal aspect of our approach is identifying the responsible property owner or manager.
Our dedicated legal team meticulously assesses all damages, gathers medical records, and liaises with medical professionals to outline both past and future medical costs. We craft a compelling compensation request for the involved insurance entities and stand prepared to represent you in court if needed. Our attorneys are recognized for securing substantial verdicts throughout Illinois. We ensure that you pay only when we have secured a financial settlement on your behalf.
At the Blumenshine Law Group, we’re committed to helping you get the justice and compensation you deserve if you’ve been injured due to someone else’s negligence. With our experienced premises liability law attorneys by your side, you can focus on your recovery while we handle the legal aspects of your case.
If you’ve been injured on someone else’s property, don’t wait. Contact us now to schedule a free consultation with one of our attorneys. We’ll listen to your story, answer your questions, and help you understand your legal options. Let us fight for your rights and help you obtain the compensation you deserve. Call or text us at (312)766-1000 or email [email protected].
Premises Liability FAQs
Who is responsible for maintaining safe premises in Illinois?
Maintaining safe premises is the responsibility of the property owner or the party in control of the property (such as a property management company or commercial tenant). Under the Illinois Premises Liability Act (740 ILCS 130), they have a legal obligation to exercise “reasonable care” to keep the property safe for lawful visitors.
What should I do if I am injured on someone else’s property?
First, seek medical attention immediately to document your injuries. Second, report the incident to the property owner or manager immediately and, if possible, ensure an accident report is filed. Third, take photos of the hazard that caused your injury (e.g., the icy patch, broken stair, or spill) before it is cleaned up. Finally, contact a premises liability attorney before giving a recorded statement to insurance adjusters.
How long do I have to file a lawsuit in Illinois?
Illinois’s Statute of Limitations for bringing a premises liability claim is typically two years from the date of the incident (735 ILCS 5/13-202). However, claims against government entities (such as the CTA, City of Chicago, or Park District) often have a strict one-year deadline and require a formal “Notice of Claim” to be filed even earlier. Prompt legal action is vital to protect your rights.
How much compensation can I receive for my case?
Compensation depends on the severity of your injuries, the cost of your medical treatment, your lost income, and the long-term impact on your daily life. While there is no predetermined “average” amount, we aim to recover both economic damages (bills, rehab costs, lost wages) and non-economic damages (pain and suffering, loss of enjoyment of life).
How much does it cost to hire an attorney?
We work on a contingency fee basis. This means you do not pay any attorney fees upfront. We advance all litigation costs, and we only get paid a legal fee if we successfully secure a settlement or verdict for you. If we don’t win, you don’t pay.
What should I consider when selecting an attorney?
You should look for substantial experience specifically in premises liability cases, not just general personal injury. Look for a firm with a proven track record of settlements in Cook County courts, a responsive communication style, and verified client reviews. It is important to hire a lawyer who understands the applicable building codes and local ordinances for Chicago properties.
Client Testimonial
“Andy and Scott did a great job on my daughter’s injury case they got her a good amount back and they were really fast and very caring.Ireally recommend this law firm for any of your car injury needs“
A.Miller
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Scott Blumenshine has over 37 years of experience litigating complex premises cases in Cook County courts. He has successfully argued against major insurance carriers and property management companies, securing millions for victims of negligence.