Unsafe conditions like faulty wiring, improperly stacked merchandise and loose carpeting cause accidents resulting in serious injury. Businesses and property owners have an important responsibility to create safe environments for their customers and visitors. This also includes walkways and parking lots, in addition to the people they hire. Employees are there to serve and at times, even protect people who visit their places of business. The attorneys of Salvi, Schostok & Pritchard P.C., are experienced in the legal responsibilities and liabilities of businesses or organizations that fail to provide these save environments.
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Businesses, schools, governmental agencies and other organizations are required by law to create and maintain premises that are safe and free of hazards.
An injury or death resulting from the negligent design, maintenance or operation of a property leaves the injured person or their family with the legal right to pursue a claim for compensation against the property owner, landlord or another party responsible for maintenance. Property owners are legally obligated to maintain safe conditions at all times.
Premises liability claims generally fall into two areas:
These accidents are sometimes called “slip and fall” or “trip and fall,” and occur due to negligent conditions, including:
This refers to a failure by property owners or managers to provide adequate security, resulting in physical assault, personal injury and even death. This type of liability includes:
If an unsafe condition has caused you to be hurt on someone’s premises, one of the first things you should do is document the condition of the property in a way that will show the physical characteristics of the height, width, depth, nature of the substance, etc. before someone goes out and repairs the condition.
Many times the owner of property, learning of an injury, will go out and conduct a repair. They do this for two reasons: to eliminate evidence and to make sure no one else gets injured.
While many businesses and homeowners carry premises liability insurance; it is often insufficient to pay any significant damage compensation fully. To ensure that you receive the best compensation available, consult with an attorney who specializes in premises liability before talking with an insurance company. Insurance is a business, and like any business, their own interests and profit are their priority.
To learn more about our qualifications and experience, or to learn about the merits of a case concerning a premises injury incurred by yourself or a loved one, please contact Salvi, Schostok & Pritchard P.C., today for a free, no obligation consultation. Our firm has convenient office locations in downtown Chicago and Waukegan, Illinois. We also have a network of lawyers across the nation to assist you with your case. Contact us today, at 312-372-1227.
The attorney for the store may try to use this argument, but it is unlikely to be successful in court. In general, businesses are responsible for the negligence of their cleaning crew. You should contact a premises liability attorney, who can advise you of your legal rights and appropriate next steps toward legal action. The law firm of Salvi, Schostock, and Pritchard, P.C., serves all of Illinois, from Chicago to Waukegan, Rockford, and Peoria. Contact us free today to see if you have a case.
Generally, the owners of a business are responsible for reasonable security on their property. Reasonable security would include adequate lighting and security staff, among other measures. Also, if other crimes were committed, this would demonstrate a pattern of criminal activity that the owner would have been aware of – and should have provided additional security to counteract. You should gather any documentation, including police reports, details of medical care resulting from your attack and any other expenses, and contact a premises liability attorney who can advise you whether your situation merits legal action.
There are certain situations in which an expert witness can be a strong advantage in a premises liability case, particularly if it goes before a jury. Medical experts, contractors, economists, and others may have special knowledge that a jury needs to understand in order to assign damages properly. An experienced premises liability attorney will be familiar with the types of cases that require an expert witness, and he or she should know the appropriate experts to consult for your specific situation.
Most homeowner’s insurance policies provide coverage for medical bills regardless of fault, so there is no need to debate who is to blame. However, these claims typically must be made in a short time span, so check your policy for this provision and act quickly.
Document all events related to your accident, including doctor’s visits, and contact by anyone regarding the accident. Photograph your injuries immediately. Do not speak to anyone from an insurance company until you contact an attorney. You can always elect not to go forward with legal action later – but some careful documentation now will be essential, and an attorney can help safeguard your rights.
Avoid providing any information to the insurance company without speaking first to an attorney – insurance companies will often try to make you sign papers that prevent you from suing anyone connected to the accident. They will also evaluate your situation based on how little damages they feel they can offer you – not how much your situation merits. You should always contact an experienced premises liability attorney first, who can review the circumstances of your accident and provide advice on the appropriate legal action.
An experienced premised liability attorney can investigate the circumstances in which you were injured, identify all negligent parties, interview any witnesses, and provide professional advice about your legal options. While the intention of the property owner may be perfectly honorable, a lawyer can act as a more objective advocate on your behalf to ensure that your rights and needs are met.
The statute of limitations varies by state and the type of injury may also play a role. If legal action is not initiated within the specified time period, you lose the right to make any claims. Your best bet is to consult with an experienced premises liability attorney to determine the time period applicable for your situation.
The amount of damages varies according to a number of factors – federal and state laws often have caps on the amount of damages. Also, whether or not the property owner acted maliciously could affect whether punitive damages are applied. There is no “set” amount that a premises liability case typically receives, so you should consult an experienced attorney who can advise you on the type and amount of damages that might be expected in your particular case.
In general, statutes of limitations and liability laws are often different for governmental agencies and institutions. If you have suffered an injury from an accident within a federal, state or local agency, you should contact an experienced premises liability attorney. He or she can evaluate the circumstances surrounding your specific situation to determine if legal action is an option.