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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.

What are the 3 categories of visitors in a premises liability?

When it comes to premises liability cases -- or cases where someone is injured after visiting a dangerous property -- there are three different categories of visitors. Depending what type of visitor the injured person was, it could affect his or her premises liability suit.

Premises liability claims on government property

A premises liability accident can happen anywhere, even on government-maintained property -- like sidewalks and roads. For example, it is not uncommon for serious accidents to happen as a result of a malfunctioning traffic light, or because of a traffic sign that was obscured by the overgrowth of vegetation and trees. Also, accidents can happen on poorly maintained sidewalks that have big cracks or large pools of water on them.

Slip and fall accidents involving ice and snow

The winter months are quickly approaching and we will soon be seeing streets, sidewalks and residential neighborhoods full of ice and snow. It is certainly beautiful to wake up and see a snow-covered neighborhood after the first snow of the season. However, it can also be dangerous.

Can your landlord ignore maintenance requests?

If you're a renter in Illinois, your house has to be habitable. If you see something dangerous—like an exposed wire in a socket or a broken railing on a balcony—your landlord has to make the repairs quickly after you report the problem. Otherwise, you could be injured and sue, blaming the landlord for the accident. However, you should know that it is your landlord's right to ignore you in some instances, not making repairs, even if you request it.

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