Property Owner’s Duty

Property Owner Obligations in Illinois

Helping Victims of Premises Liability throughout Illinois

Property owners and operators have an obligation to keep their property safe and free from hazards, and the failure to do so can result in liability for any accidents and injuries that happen on their property.

At the Law Office of Kenneth A. Fishman, P.C., our dedicated Chicago accident and injury lawyers focus on helping those injured in personal injury accidents – including accidents that occur on the property of another – obtain the financial recovery that they deserve. If you were injured in a slip and fall accident or other accident on the property of someone else [/practice-areas/premises-liability], do not hesitate to contact the Chicago premises lawyers at the Law Office of Kenneth A. Fishman, P.C. at (312) 346-8990 to schedule a free consultation to learn more about a possible premises liability lawsuit.

What Is Premises Liability?

Premises liability is a legal theory that applies to personal injury accidents that occur on the property of another. Often referred to as slip and fall accidents, premises liability applies to accidents in which a person is injured by slipping, tripping, or falling due to a dangerous condition on the premises, but it also applies to other hazardous situations, including negligent security and dog bites/animal attacks.

What Property Owner Duties Exist in Illinois?

Property owners and managers have an obligation to take the appropriate steps to keep their property safe and free from hazards. The applicable “duty of care” varies depending on whether the person entering the property is an invited guest, a customer, or a trespasser. For instance, property owners have varying obligations to the following plaintiffs:

Property owners and operators have the highest obligation toward INVITEES. Invitees are those persons who are invited onto the property for the benefit of the property owner or occupier. Common examples include customers in a store or patrons to a restaurant.
Property owners and operators are also obligated to protect LICENSEES. Licensees are those persons who are allowed onto the property with the consent of the property owner or occupier. A common example of a licensee is a social guest at a dinner party or a neighbor who attends a backyard picnic. While property owners are obligated to protect licensees from known hazards, licensees are also expected to exercise a reasonable amount of due care in protecting their own safety.
Property owners and operators are not obligated to protect TRESPASSERS in most cases. Trespassers are those persons who enters the property without the property owner or occupier’s consent

In most cases, however, property owners and managers are required to ensure that the property has no structural defects – such as loose flooring, hazards on the floor, poorly lit stairways, cracks in the sidewalk, and potholes – that could cause a personal injury accident.

Additionally, property owners generally cannot delegate their obligations to a third party. For instance, if a property owner outsources its security to a third party and an accident occurs because of the negligence of the security officer, the property owner could still be liable for the resulting injuries. Special rules may apply, however, if a property owner leases the property to someone else, such as a restaurant or business, in which case the lessee could be liable for resulting injuries.

Legal Advice You Can Count On

At the Law Office of Kenneth A. Fishman, P.C., our Chicago premises liability attorneys understand the complex legal issues that are involved with slip and fall and other premises liability accidents. We are committed to getting our clients full and fair recovery and clients don’t pay legal fees unless they obtain financial compensation.

If you have been in a slip and fall accident or other accident on the property of someone else, do not hesitate to contact the Law Office of Kenneth A. FIshman, P.C., at (312) 346-8990 to schedule a free consultation with one of our dedicated Chicago premises liability lawyers.