This is the next article in my series on the handling of slip and fall cases which occur on the private property of a Peoria, Illinois homeowner. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you or a loved one have been injured. It is important that you speak with counsel as soon as possible as you will only have a limited amount of time in which you may file a lawsuit. This article will discuss the situations in which a homeowner may be responsible for injuries which occur in their residence or on their property. If you need assistance then contact my office today to speak with a personal injury lawyer.
Peoria homeowners may be responsible for injuries caused by dangerous conditions on their property
Illinois homeowners have a limited responsibility to protect the safety of welcome visitors to their property or residence. Under state law, a property owner may be liable for injuries caused by dangerous conditions that were either unknown or non-obvious. A property owner will generally not be liable, however, for injuries suffered by an adult who was trespassing, who knew about the condition, or chose to ignore an obvious danger. If children can reasonably be expected to come onto the property, or enter the residence, then a homeowner may be responsible for injuries if it was foreseeable that harm would occur. For all of the foregoing reasons, questions surrounding private property liability can be more complicated than matters involving premises liability on commercial properties.
Prior Article:
The foregoing concepts are best explained by way of example. Suppose Joe invites several people to his home for a barbeque. There is a cooler full of beverages which is now empty. One of Joe’s friends offers to go down to the basement refrigerator to retrieve more. The individual has never been in the basement and Joe does not warn him that one of the steps, leading to the basement, is broken. The broken step causes the individual to fall and he seriously injures his neck. Under this scenario, Joe may face liability for the injuries. If, however, Joe had told him to watch for the broken step, then liability may not apply. While this example demonstrates the rules explained above, it must be remembered that all cases will depend on the facts of the situation.
Determining damages for a fall on Illinois private property
The damages for a private property slip and fall will typically consist of compensation for economic losses as well as payment for pain and suffering. The economic losses will include payment for past and future lost wages, medical bills, and money spent as a result of the injury. Pain and suffering will include compensation for physical discomfort at the time of the accident as well as any discomfort during care and recovery. Importantly compensation for pain and suffering also includes money for mental anguish, frustration, and time involved in dealing with the situation. One must be mindful that Illinois’ comparative fault laws will apply to any slip and fall case.
If you or a family member have been injured then contact my office today to speak with a Peoria personal injury lawyer. My office is dedicated to protecting the rights of those who have been injured through no fault of their own. We believe that everyone is entitled to quality representation and we will give your case the attention it deserves. Our firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
