How to Hold Illinois Property Owners Accountable for Unsafe Conditions

When you visit a local business or stop by a neighbor’s home, you reasonably expect the environment to be safe. You don’t anticipate a broken railing, an icy walkway or a wet floor to turn your day upside down. Unfortunately, unsafe property conditions lead to serious injuries every day, leaving victims with unexpected medical bills, lost wages and significant pain. At Brassfield & Krueger, LTD, we believe you shouldn’t have to pay the price for someone else’s negligence. We work hard to hold negligent property owners accountable. If you have been hurt, understanding your rights is the first step toward recovery:

• Property owners generally owe a duty of reasonable care to keep their premises safe for visitors.
• Your legal status as a visitor (invitee, licensee or trespasser) influences the specific duty owed to you.
• Proving negligence involves demonstrating that the owner knew, or should have known, about the hazard.
• Taking immediate action, such as seeking medical care and documenting evidence, is vital for a strong claim.

What duty of care do property owners owe to visitors in Illinois?

Under the legal concept of premises liability, property owners in Illinois generally owe a duty of “reasonable care” to individuals lawfully on their property. This means they must take appropriate steps to maintain a safe environment. This responsibility includes repairing known hazards, removing dangers like ice or debris, and warning visitors about unsafe conditions that cannot be immediately fixed.

A property owner is not inherently liable simply because an injury took place. To hold them accountable, it must typically be proven that they acted negligently regarding the maintenance or safety of the premises.

How do different visitor classifications affect the duty of care?

While some states draw a hard line between “invitees” (business customers) and “licensees” (social guests), Illinois law modernized this approach with the Premises Liability Act. The duty of care owed to invitees and licensees essentially requires property owners to exercise reasonable care to maintain their safety.

However, the law treats trespassers differently.

• Trespassers: These are individuals who enter property without permission. Generally, owners owe them no duty of care, other than to refrain from “willful and wanton” conduct that would intentionally harm them.
• Child Trespassers: An important exception exists for children. Under the “attractive nuisance” doctrine, owners may be liable if a child is injured by a hazardous object (like a swimming pool or machinery) that is likely to attract children, provided the owner failed to secure it properly.

What constitutes negligence on the part of a property owner?

Negligence is the core of a premises liability claim. It is not enough to show that a condition was unsafe; you must prove the owner failed in their duty. Negligence typically occurs when a property owner acts carelessly or ignores a known problem. A plaintiff needs to prove that:

1. A dangerous condition existed on the property.
2. The owner knew or should have reasonably known about the condition.
3. The owner failed to repair the hazard or warn visitors about it.
4. This failure directly caused your injury.

For example, if a grocery store manager sees a spill and ignores it for an hour, they are likely negligent. However, if a jar falls and breaks seconds before a customer slips on it, the store may not be liable because they had no reasonable opportunity to address the hazard.

What should you do if you are injured on unsafe property?

The moments after an accident are often chaotic, but the steps you take can influence your ability to recover compensation later. If you are physically able, try to gather evidence before leaving the scene.

Follow this checklist to protect your rights:

• Seek medical attention immediately: Your health is the priority.
• Even if you feel unhurt, adrenaline can often hide injuries. Obtaining medical records is not only essential for your health but also serves as vital evidence.
• Report the accident: Notify the property owner, manager, or landlord right away. Ask them to create a written accident report and request a copy.
• Document the scene: Take pictures of the hazard (ice, broken step, spill) before it is cleaned up or repaired.
• Collect witness information: Collect the names and phone numbers of individuals who saw the accident or the unsafe condition.
• Contact an injury attorney: Before speaking to insurance adjusters, consult with an attorney who can help protect your interests.

What kind of compensation can you recover if injured on unsafe property?

Serious injuries can disrupt all aspects of your life. A personal injury claim aims to restore your financial stability and acknowledge the suffering you have endured. By filing a claim against a negligent property owner, you may be eligible to recover various forms of damages.

Economic damages cover financial losses, such as:

• Past and future medical bills (surgeries, therapy, medication).
• Lost wages if you miss work during recovery.
• Loss of future earning potential if you are unable to return to your job.

Non-economic damages compensate for intangible losses, including:

• Physical pain and suffering.
• Emotional distress and trauma.
• Loss of enjoyment of life.

Strengthen Your Claim With Brassfield & Krueger, LTD

Property owners are responsible for upholding the safety of their premises, and when they fail, the consequences can be life-altering. You do not have to navigate the complex legal system or aggressive insurance companies alone. At Brassfield & Krueger, LTD, we are ready to help you pursue the maximum possible compensation available. Contact us today, and let us fight for your recovery.