What Constitutes a Premise Accident Case?
Premises are land and buildings together considered as a property. Premise Accident Liability is the liability for a landowner for certain torts that occur on the real property. Premises Accident Liability law is the body of law which makes the person who is in possession of land or premise responsible for an accident suffered by persons who are present on the premises.
For premise accident liability to apply, there must also be negligence or some other wrongful act. In recent years, the law of premises liability has evolved to include cases where a person is injured on the premises by a third person’s wrongful act. Lawyers sometimes refer to these cases as “third party premise accident liability” cases and they represent a complex area of law.
Illinois Premises Liability Claims Or Other Causes Of Action From Injury on Somebody’s Real Estate Property
Many thousands of people annually slip and fall on other people’s premises or real estate as a result of the property owner’s negligence. For example, someone can slip and fall and injure themselves from water being on the floor, due to the owner’s negligence. A common case is in a supermarket where there is food or other foreign objects on the ground which would cause someone to fall. There have been countless million dollar verdicts and settlements as a result of people falling due to property owner’s failure to properly keep their property neat so that someone will not slip and fall.
Another common cause of slip and fall cases are due to stairs which are not properly constructed, have loose banisters, cracked sidewalks or poor lighting. David K. Kremin & Associates, lawyers and affiliated law firms have been successful in securing millions of dollars resulting from slip and falls due to a property owners’ negligent act.
The most common reasons for a slip and fall is due to a foreign substance on the ground, or when a property owner shovels snow in an improper and negligent manner, failing to keep their property in a safe condition. When a property owner does not keep their property in a safe condition and someone slips and falls as a result of their negligence, a lawsuit can be brought for medical bills, lost wages, pain and suffering, and many other damages. The party responsible for keeping property safe can be the owner of the property, the lessee of a property or anyone who has control of the property. Illinois law requires a duty upon property owners and occupiers to exercise reasonable and fair care under the circumstances, to prevent injuries to people who are properly on the property. Normally, what needs to be proved is that the person or entity had control of the premises.
If there is something wrong with the property, the owner or occupier has an obligation to warn people using the property. In general, a visitor to the property who is injured on the property must prove the following:
- A dangerous condition exists on the property;
- The person or entity in control of the premises knew or should have known of the danger;
- The owner or occupier failed to use reasonable care to remedy and warn of the danger;
- As a result of their failure to act within a reasonable manner, a person must show they suffered as a proximate result of the property owner’s negligence.
There are many different types of situations the property owners or occupiers may be liable for. For example, they could be liable for a broken step, loose railings, and poor maintenance of their sidewalks or slippery walkways. Sometimes they can be responsible for a dark parking lot, of which they know of criminal activity, or a dangerous area where they know children would play and it is not fenced off and/or warned appropriately of the dangers. In Illinois, if someone is injured as a result of premises liability, they have a right to secure damages, usually from an insurance company, for lost wages, medical bills, and pain and suffering to name a few. There are possibilities that property owners can be responsible for the following:
- Dog bites;
- Exposure to hazardous substances;
- Drowning in a pool.
Consult our Premises Accident Lawyer
If you believe you have suffered an injury due to a property owner’s negligence, David K. Kremin & Associates has a history of securing hundreds of thousands of dollars, if not, millions of dollars in compensation for a party who is injured.
If you are injured due to the negligence of a property owner or occupier of real estate or land, please contact David K. Kremin & Associates, and you will be directed to an attorney who has 20-30 years of experience in this type of personal injury case. Of course, our consultations are free. Also, we charge on a contingency basis and not by the hour. This means you do not pay us anything unless we secure money for you. Normally our fee is a one-third percentage of the total money we collect for your damages.
Please contact us at 1-800-ASK-A-LAWYER or 1-800-275-2529, if you need a free consultation on a premise liability case.