When most people think of premises liability, they think of slip and fall accidents, and the vast majority of premises liability lawsuits do involve those types of accidents. For example, large retailers are frequently targeted with lawsuits like this because they often leave piles of stock in their aisles and their employees fail to address the potential hazards. Nonetheless, there are other types of premises liability lawsuits, as well. In this article, we will discuss them and what information you may need to prove your case.
In Illinois, every proprietor who invites the general public onto his or her premises has a duty of care to ensure that those patrons are safe, but this duty of care only extends so far. Establishing premises liability requires that a plaintiff show that an accident or injury was foreseeable and thus preventable. This is true of any kind of premises liability lawsuit.
This means that one of three scenarios must be true. Either the individual or proprietor caused the dangerous condition, knew about the dangerous condition, or should have known about the dangerous condition. Premises liability lawsuits can be filed against homeowners, proprietors, parking lot owners, or other commercial entities.
Negligent security lawsuits also involve the question of foreseeability. If you are injured at an establishment that failed to provide adequate security, you may be entitled to recover damages from the establishment for your injuries.
One high-profile example of a negligent security lawsuit involves the Jacksonville Landing site where a mass shooting occurred during a video game tournament. The site was sued for failing to tell Jacksonville police that an event was happening that day. When David Katz, a participant in the tournament, opened fire, the interior layout of the facility allegedly made it difficult to escape. Several of those inside the facility say they were trapped due to changes made by the proprietors, who now face 12 lawsuits including wrongful death suits.
Another kind of lawsuit involves dangerous conditions that are left open to trespassers. While trespassers do not enjoy the same level of recovery as those who are invited onto a property, a special exemption is made for children. For instance, if a neighbor leaves his or her pool unguarded, neighborhood children could wander into it and be injured. That owner could be held liable under attractive nuisance doctrine.
The attorneys at Brassfield & Krueger, Ltd. have helped Illinois residents recover damages when they were injured due to a property owner’s negligence. You may also be entitled to recover damages related to your injuries, your lost wages, and pain and suffering. Give us a call or talk to us online to set up a free consultation.
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