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Common Questions about Illinois Premises Liability

Each year, countless Illinois residents suffer injury because property owners and occupants fail to correct dangerous conditions on their properties. Cracked sidewalks, inadequately lit entranceways and slippery floors all pose a genuine threat of serious slip-and-fall injuries.

Property owners and occupants - including businesses and hotels - are responsible for the safety of their guests and visitors. When accidents happen, property owners and occupants may be liable.

Who Is Responsible?

Under Illinois law, the party controlling access to a property has a duty to keep the property safe for guests and visitors. In other words, determining whether a particular party has this duty is not a simple question of property ownership, but rather of actual possession and control. This means that parties such as lessees and construction contractors - any party that occupies the premises and controls access to it - may have a duty to keep a property safe for guests and visitors even though they do not own the property in question.

What Duties Do Property Owners and Occupants Owe to Guests and Visitors?

In general terms, property owners and occupants in Illinois must use reasonable care to keep the premises in a reasonably safe condition. This means that property owners and occupants must either:

  • Use ordinary or reasonable care to identify and repair potentially dangerous conditions, or
  • Warn guests and visitors of hazards that are known or should be known, provided that the guests and visitors are unaware of the hazards and could not reasonably discover them.

If a guest or visitor suffers injury because a property owner or occupant fails to properly exercise this duty, then the injured guest or visitor may be entitled to compensation for his or her injuries.

Contact Experienced Counsel

If you or someone you love has suffered an injury on someone else's property, contact a knowledgeable personal injury lawyer. An attorney experienced in premises liability claims can assess your case and help you receive the compensation you deserve.

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