Bringing a Premises Liability Claim for an Injury at Someone’s House

 Posted on November 06,2019 in Premises Liability

Imagine this scenario: You are invited by a neighbor to party at his house. As you are walking up the stairs to the bathroom, the handrail breaks, and you fall down the stairs. You are seriously hurt and require emergency surgery for a broken bone. In a situation such as this, who is responsible for the costs associated with your injury? Read on to learn about how a premises liability claim can help you pursue compensation after an injury on a private residence.

When is a Homeowner Liable for Injuries on His Property?

Many, if not most, premises liability cases hinge on the concept of negligence. A property owner is negligent when he or she fails to uphold a “duty of care” owed to guests. Illinois law says that property owners and occupiers must take reasonable steps to prevent guests to the property from being injured. If a property owner fails to maintain a reasonably safe home and a guest is injured as a result, the property owner could be liable for the expenses incurred by that injury. Examples of unsafe conditions which could result in a premises liability claim include but are not limited to:

• Inadequate security
• Poor lighting
• Broken stairs or handrails
• Slippery or icy walkways
• Exposed electrical wiring
• Broken flooring
• Inadequate smoke detectors or fire extinguishers
• Failure to property contain hazardous or toxic materials

If a property owner has an unsafe condition on his or her property, he or she has a duty to warn guests of this danger. For example, if a homeowner is doing construction in a certain part of the house and there are unsafe electrical hazards, he or she must tell guests so they can avoid these hazards.

What Damages Are Available in a Premises Liability Case?

Damages are recoverable costs associated with a personal injury or accident. If you wish to receive compensation for your injuries after being hurt at someone’s home, you will need to prove that:

• There was a hazardous condition on the premises.
• The property owner or person in control of the property knew or should have known about the hazardous condition.
• The property owner or person in control of the property did not remedy the hazardous condition or warn guests of the condition.
• You were injured as a result of the hazardous condition.

If you can prove these elements, you may be able to receive compensation for your medical expenses, pain and suffering, lost wages, disability, and more.

Contact a Lake County Premises Liability Lawyer

If you have been injured because of another party’s negligence, it is only just that the negligent party pay for the expenses related to your injury. To learn more about how a premises liability claim can help you recover compensation after an accident, contact Salvi & Maher, L.L.C. Schedule a free, personalized consultation with an experienced Waukegan personal injury attorney by calling our office at 847-662-3303.

Source:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/120.00.pdf