Criteria for Determing Premises Liability

Although sometimes accidents are unavoidable, there are other times where injuries could have been prevented if the owners of a property had taken due care in the property's maintenance. These maintenance issues can include improperly lit stairs, wet floors, or falling objects, to name a few. The owners or occupiers of a property are responsible to maintain the safety of the premises, otherwise they can be held liable for damages. This includes not only private homes, but also businesses and can result in large awards to the injured of the owner is found liable.

Premises Liability

The law in Illinois is consistent with that of many other states in the country. Instead of the sole responsibility for guests' safety being placed on the owner of the property, it is the individual or individuals who actually control the property at the time of the guests' visit who are responsible. "Control" is sometimes interpreted as the party that controls access to the property. Based on this criteria, renters, lessees, and even contractors can be "in possession" of a property and therefore, responsible for the safety of guests.

Maintaining Safe Conditions for Guests

Although it has been established that individuals who control access to a property are responsible for the safety of their guests, the courts have created criteria to determine the extent to which the owner/operator bears responsibility for their guests. Either of these two criteria must be met:

1. Repair any issues or existing conditions that they might reasonably foresee could be dangerous to a guest

Or

2. If there are hazards that guests would not be reasonably expected to discover on their own, the owner/operator must provide a warning

If the owner or occupants of a property fail to meet those criteria, they may be held liable for injuries to their guests. This can be especially damaging for places of business, especially when considering that the cost of the repair would have been much less than any settlement or award from damages.

For over thirty years, Illinois attorneys Johnson, Westra, Boecker, Whittaker & Newitt have focused exclusively on serving individual and business clients in Cook, DuPage, and Kane counties. With offices in Schaumburg, Carol Stream, and Geneva, we believe it is our mission to serve our clients with integrity of heart, clarity of mind, and God centered compassion. If you or someone you know has been injured due to the negligence of others, please contact us today for consultation.