If you were injured on someone else’s property, the owner might be liable. Business and property owners have a duty to care for individuals on their property to prevent injury and death. Should they fail to take reasonable actions to reduce the risk of harm, they may be required to pay for the injured victim’s damages and losses.
For example, a grocery store should clean up spills and post wet floor signs in a timely fashion to warn customers. If someone slipped and broke their hip, the store might have to cover the medical bills and other costs.
An Arlington Heights slip and fall injury lawyer from The Kryder Law Group can review your case and discuss your legal options. Even if you do not think you have a valid case, contact our personal injury attorneys for a free legal consultation.
Property Owners and Premises Liability
Business and property owners in Arlington Heights are liable for slip and fall injuries that occur on their land, in their home or shop, and on any property they own. However, managers and owners are not financially liable for all injuries and other occurrences.
According to 740 ILCS 130/2, property owners have a certain duty of care to different types of individuals. The level of care the owner owes you depends on:
- Why you are on the owner’s property
- If the owner is aware of your presence
The Illinois Premises Liability Act categorizes individuals into three groups; invitees, licensees, and trespassers. Property owners have a duty of care to all individuals, but certain groups have more legal protection.
Liability for an Invitee
Invitees are those the owner or occupier invited onto the property and who have a legal right to be on the property. The invitation could be written, verbal, or implied. For example, a business with an “hours open” sign is implying an invitation for those passing by to enter the store.
Other examples of invitees include the following:
- Guests invited to a friend or family member’s home
- Customers of a restaurant, store, or other commerce
- Hotel, motel, and other lodging guests, such as Airbnb
- Apartment residents and their guests
- Renters, tenants, and their guests
- Patrons of a concert or sporting event
Property owners have the highest level of duty of care responsibilities to invitees. They are almost always liable for invitees’ well-being. However, owners are not legally responsible for all injuries and incidents involving invitees.
Landowners do not have to warn invitees of open and obvious hazards. Likewise, the invitee must exercise reasonable actions to protect themselves. If an invitee’s behavior is reckless and without care for their own safety, the law will not punish the owner.
Contact The Kryder Law Group if you want an Arlington Heights slip and fall injury attorney to review your property accident. If the law considers you an invitee and you were injured because of the owner’s neglect, you can seek financial compensation for your losses, such as missed wages.
Liability for a Licensee
Licensees are those who have a legal right to be on the property but are there for their own benefit. Whereas an invitee is there for the owners’ benefit—such as purchasing goods or responding to an invitation—licensees are on the premises for their interests and not the owner’s.
Some examples of licensees include:
- Utility workers
- Delivery persons
- Door-to-door salesperson
- Visiting friends or family
- Neighbors coming over
- Religious missionaries
The difference between invitees and licensees in the context of a slip and fall claim can be complicated. For instance, someone may enter a store but does not have the intention to shop. Instead, they ask to use the bathroom or ask for directions. In this case, intent plays a factor in how the law would classify them.
An owner is only liable for a licensee’s injuries if they failed to make conditions reasonably safe or tell a licensee about known hazards. The owner also cannot deliberately cause harm.
Liability for a Trespasser
Trespassers are those that do not have the owner’s permission or have a legal right to be on the property. Examples of trespassers include burglars, someone on-site after hours, or someone on the property without permission.
The only responsibility owners have to trespassers is to not willfully cause injury or death. For instance, a homeowner might not be accountable for injuries a burglar received while attacking the family.
Slip and Fall Lawsuits
Slip and fall claims are personal injury cases. Illinois regulation 735 ILCS 5/13-202 states that you have two years to start legal proceedings against someone who caused you injury.
In slip and fall injury cases, your recoverable damages can include:
Past, Present, and Future Medical Bills
A slip and fall can cause a lot of physical damage, such as broken bones, bruised tissue, and lacerations. Surgery or physical therapy may be needed as part of treatment and recovery, which can cost hundreds to thousands—even with insurance.
Past and Future Lost Wages
Whether you missed work for a day or your injury will keep you from returning to work, you can demand reimbursement for the earnings you missed as a result of the injury. If the fall caused an irreversible condition or disability, your prospective income could be significantly lower.
Pain and Suffering
The pain and suffering you experienced after a slip and fall can be physical and mental. Along with the physical anguish of wounds and fractures, you can suffer the emotional agony of never being as mobile again.
An Arlington Heights Slip and Fall Attorney Can Help You Today
Property owners’ neglect is a common reason for slips and falls. Store personnel not cleaning up spills, poor lighting, cluttered floors, and faulty stairs and handrails are just a few examples.
Representatives at The Kryder Law Group can discuss your accident and what evidence would strengthen your claim. Photos, videos, and witness statements can show proof of the owner’s negligence and fault.
If you need an Arlington Heights slip and fall lawyer, call us to talk to a team member and schedule your free consultation.
(312) 223-1700