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Premises Liability Archives

The degree of care a property owner owes the public

A recent post on this blog discussed the fact that owners of land, including owners of homes and businesses, have a duty under Illinois law to protect those who come onto their property from any hazards that might be present there. For example, a failure to remove ice and snow from the entrance to a business could lead to a serious injury, and the business owner has the obligation to act reasonably to prevent that sort of injury from happening.

Illinois does not distinguish between "licensees" and "invitees"

Traditionally, someone who owned or occupied real property in Illinois owed a different duty of care to a person who came on to the property, depending on whether the person was an "invitee," a "licensee" or a "trespasser." In general, an invitee was a person, such as a business customer, who was invited onto the premises and brought some benefit to the landowner. A licensee was someone, such as a social guest, who had permission to be on the property, but brought no material benefit to the landowner. A trespasser, of course, was someone who did not have permission to be on the property at all. Under the common law, landowners owed the highest duty of care to invitees, a lesser duty to licensees, and virtually no duty to trespassers.

Snow removal and Illinois landowners

While the weather may have been slightly warmer of late, Chicago-area landowners must bear in mind that they have ongoing obligations to promptly clear their driveways, parking lots and sidewalks of snow and ice. Failing to do so creates a hazardous condition, as members of the public can easily slip and hurt themselves on icy pavements.

TRAPPED WORKER KILLED IN GENEVA COMMONS TOWER CONSTRUCTION

On February 3, 2017, Geneva Fire Department rescue efforts failed to save Donald J. Tentler, 47, of West Dundee at the Geneva Commons shopping center. Tentler, a construction worker, had attempted to install a sign on the parking lot tower when he became trapped between a crane and the tower.

Circus operator fined $24k over tent collapse that killed 2

A weather emergency is a real emergency. That's especially true when you're operating without permanent structures, as responsible fairs and circuses know. If your customers and employees are relying on a tent to protect them, that tent had better be erected correctly and rated for severe weather or you're putting them directly in harm's way.

  1. "Committed To My Cause"

    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....
    -Jeff D.

  2. "Could not have made a better choice"

    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....
    - Dave

  3. "Very satisfied"

    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.
    -Jennifer

  4. "Easy to talk to"

    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day... -Larry

  5. "Provided very wise advice"

    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.
    - Tyler D.

  6. "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.
    - Karen K.

  7. "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends. -Dan H.

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