Chicago Premises Liability Lawyer: Get Justice After a Property Injury

When you’re injured on someone else’s property in Chicago, you shouldn’t have to pay for someone else’s negligence. Property owners have a legal duty to keep their premises safe for visitors—and when they fail, you have rights.

At our firm, our Chicago premises liability lawyers fight to hold negligent property owners accountable and recover the compensation you deserve. We handle every aspect of your case so you can focus on healing.

Free case evaluation • No fees unless we win • Available 24/7

Call Now: 866-4-LAW-411 | Start Your Free Consultation

What Is Premises Liability in Chicago?

Premises liability is a legal concept that holds property owners responsible when someone is injured due to unsafe conditions on their property. In Chicago, these cases are governed by Illinois state law and local building codes.

Definition of Premises Liability Under Illinois Law

Under Illinois law, property owners must take reasonable care to maintain their property and warn visitors about dangerous conditions. When they fail to do this, and someone gets hurt, the owner can be held liable for the victim’s injuries.

The Illinois Premises Liability Act (740 ILCS 130/) sets the framework for these claims. This law defines the duty of care that property owners owe to different types of visitors and establishes when owners can be held responsible for injuries.

How the Illinois Premises Liability Act (740 ILCS 130/) Applies

The Illinois Premises Liability Act requires property owners to:

• Regularly inspect their property for hazards
• Fix dangerous conditions in a reasonable timeframe
• Warn visitors about dangers that aren’t obvious
• Provide adequate security when foreseeable crimes could occur

Property owners can’t simply ignore dangerous conditions. If they knew about a hazard—or should have known about it—they can be held liable when someone gets hurt.

Chicago-Specific Building and Safety Codes (Title 14B)

Chicago has additional safety requirements under the Chicago Municipal Code Title 14B. These codes cover building construction, maintenance, and safety standards specific to our city. Violations of these codes can serve as strong evidence in your premises liability case.

Chicago property owners must comply with local regulations for:

• Stairway and handrail safety
• Adequate lighting in common areas
• Ice and snow removal from walkways
• Elevator and escalator maintenance
• Security measures in multi-unit buildings

Common Premises Liability Accidents in Chicago

Premises liability accidents can happen anywhere—from grocery stores and restaurants to apartment buildings and parking lots. Here are the most common types of cases we handle:

Slip and Fall on Wet Floors, Ice, or Uneven Surfaces

Slip and fall accidents are the most common premises liability claims. These happen when property owners fail to:

• Clean up spills promptly
• Place warning signs around wet areas
• Remove ice and snow from sidewalks and parking lots
• Repair cracked or uneven flooring
• Replace worn carpeting or loose tiles

Chicago’s harsh winters make ice and snow accidents particularly common. Property owners must follow city ordinances for snow removal or face liability when someone falls.

Inadequate Security Leading to Assault or Robbery

Negligent security cases occur when property owners fail to provide reasonable security measures, and someone is attacked or robbed as a result. These cases often happen in:

• Apartment buildings and complexes
• Parking garages and lots
• Hotels and motels
• Shopping centers
• Bars and nightclubs

If a property owner knew (or should have known) that crimes were likely to occur and failed to provide adequate lighting, locks, security cameras, or security personnel, they may be liable for injuries resulting from criminal acts.

Falls on Stairs, Escalators, or Elevators

Stairway and elevator accidents can cause serious injuries. Property owners are responsible for maintaining:

• Secure handrails and guardrails
• Non-slip stair treads
• Properly functioning elevators and escalators
• Adequate lighting in stairwells
• Clear warning signs for hazards

Poor Lighting, Broken Handrails, or Defective Equipment

Other common hazards include:

• Dim or broken lighting in hallways, parking areas, or stairwells
• Broken or missing handrails
• Defective doors, gates, or automatic entrances
• Damaged flooring or carpeting
• Exposed wiring or plumbing
• Unsafe construction zones without proper barriers

Who Can File a Premises Liability Claim?

Not everyone injured on someone else’s property has the right to file a claim. Illinois law categorizes visitors into three groups, each with different levels of protection.

Invitees (Customers, Guests)

Invitees are people who are invited onto a property for business purposes or mutual benefit. This includes:

• Customers at stores, restaurants, or businesses
• Guests at hotels or event venues
• Tenants in apartment buildings
• Clients visiting an office

Property owners owe invitees the highest duty of care. They must regularly inspect the property, fix hazards, and warn about dangers.

Licensees (Social Visitors)

Licensees are people with permission to be on the property for non-business reasons, such as:

• Social guests visiting someone’s home
• Friends attending a party
• People attending community events

Property owners must warn licensees about known hazards but aren’t required to inspect for dangers the same way they must for invitees.

Trespassers and Limited Exceptions

Trespassers are people who enter property without permission. Generally, property owners don’t owe trespassers a duty of care. However, there are important exceptions:

• Property owners cannot intentionally harm trespassers
• Owners cannot set traps or create willfully dangerous conditions
• Special protections exist for child trespassers (attractive nuisance doctrine)

If you’re unsure about your legal status when you were injured, our lawyers can evaluate your case and determine your rights.

Elements of a Successful Premises Liability Claim

To win a premises liability case in Chicago, you must prove several key elements. Our lawyers gather the evidence needed to establish each one.

Duty of Care Owed by the Property Owner

First, we must show that the property owner owed you a duty of care. As discussed above, this depends on your status as an invitee, licensee, or trespasser.

Existence of a Dangerous Condition

Next, we must prove that a dangerous condition existed on the property. This could be anything from a wet floor to broken stairs to inadequate security.

Owner’s Knowledge or Constructive Notice

The property owner must have known about the hazard—or should have known about it. This is called constructive notice.

If a spill sat on the floor for hours, or if a broken handrail went unrepaired for weeks, the owner had constructive notice even if they claim they didn’t actually know about it.

We gather evidence like:

• Inspection logs (or lack thereof)
• Maintenance records
• Surveillance video
• Witness testimony about how long a hazard existed

Failure to Warn or Fix the Hazard

The property owner must have failed to either fix the dangerous condition or warn visitors about it. Simply knowing about a hazard isn’t enough—owners must take reasonable action.

Causal Link to Your Injury

Finally, we must prove that the dangerous condition directly caused your injuries. We use medical records, expert testimony, and other evidence to establish this connection.

How Chicago Property Owners Can Be Held Liable

Property owners can be negligent in many ways. Here are the most common forms of negligence we see:

Negligent Maintenance of Buildings and Walkways

Property owners must maintain their buildings and grounds in safe condition. This includes:

• Repairing damaged flooring, stairs, and walkways
• Fixing leaky roofs that create slippery conditions
• Maintaining parking lots and driveways
• Keeping sidewalks free of ice, snow, and debris

Failure to Inspect or Repair Hazards

Regular inspections are required to identify hazards before they cause injuries. When property owners fail to inspect—or ignore problems they discover—they can be held liable.

Inadequate Security in Apartments, Parking Lots, or Businesses

When property owners know that criminal activity has occurred on their property (or nearby), they must take reasonable security measures. Failing to provide:

• Working locks on doors and windows
• Adequate lighting in common areas
• Security cameras or personnel
• Secure entry systems

…can result in liability when someone is attacked or robbed.

Common Defenses in Premises Liability Cases

Insurance companies and property owners use several defenses to avoid paying claims. Our lawyers know how to counter each one.

Open and Obvious Hazard

The open and obvious doctrine argues that if a danger was clearly visible, the property owner isn’t liable because you should have seen and avoided it.

However, even obvious hazards can result in liability if:

• The property owner created the hazard
• The hazard was unreasonably dangerous despite being obvious
• You were distracted by circumstances the owner created
• You had no reasonable way to avoid the hazard

We challenge this defense by examining the specific circumstances of your case.

Comparative Negligence (Partial Fault)

Illinois follows modified comparative negligence rules. This means if you’re partially at fault for your injury, your compensation is reduced by your percentage of fault.

For example, if you’re found 20% at fault for texting while walking, you’d receive 80% of your total damages.

The good news: as long as you’re less than 51% at fault, you can still recover compensation. Our lawyers fight to minimize any fault assigned to you.

Assumption of Risk

The assumption of risk defense claims you voluntarily accepted the danger. This might apply if you:

• Entered a clearly marked construction zone
• Ignored warning signs
• Used equipment improperly after being instructed

This defense rarely succeeds because property owners must still take reasonable precautions even when visitors assume some risk.

Lack of Notice of the Dangerous Condition

Insurance companies often claim the property owner didn’t have notice of the hazard. They might argue:

• The spill just happened moments before your fall
• No one reported the broken step
• Inspections didn’t reveal the problem

We counter this by investigating how long the condition existed and whether reasonable inspections would have discovered it.

What Compensation Can You Recover?

If you win your premises liability case, you can recover compensation for all losses related to your injury.

Medical Expenses and Future Treatment

You can recover costs for:

• Emergency room visits
• Hospital stays and surgery
• Doctor appointments and specialists
• Physical therapy and rehabilitation
• Medical equipment and assistive devices
• Prescription medications
• Future medical care related to your injury

Lost Wages and Loss of Earning Capacity

If your injury caused you to miss work, you can recover:

• Wages lost during recovery
• Vacation or sick time used
• Loss of earning capacity if you can’t return to your previous job
• Loss of benefits like health insurance or retirement contributions

Pain and Suffering, Emotional Distress

Beyond financial losses, you can receive compensation for:

• Physical pain and discomfort
• Emotional distress and anxiety
• Loss of enjoyment of life
• Permanent disability or disfigurement
• Loss of consortium (impact on your relationship with your spouse)

Wrongful Death Claims for Families

If your loved one died due to a premises liability accident, family members may file a wrongful death claim to recover:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship and guidance
• Pain and suffering the deceased experienced before death

What to Do After an Injury on Someone Else’s Property

The actions you take immediately after an accident can significantly impact your case. Follow these steps:

Seek Medical Attention and Keep Records

Get medical help right away, even if you think your injuries are minor. Some serious injuries don’t show symptoms immediately.

Medical records serve as crucial evidence, documenting:

• The nature and extent of your injuries
• When the injury occurred
• Treatment you received
• Your prognosis and expected recovery

Keep all medical bills, prescription receipts, and doctor’s notes.

Document the Scene (Photos, Video, Witness Info)

If possible, gather evidence at the scene:

• Take photos and videos of the hazard that caused your injury
• Photograph the surrounding area and lighting conditions
• Document any warning signs (or lack thereof)
• Get contact information from witnesses
• Note the weather conditions if relevant (ice, rain, etc.)

This evidence can disappear quickly as property owners make repairs or conditions change.

Report the Incident to Property Management or Security

File an official report with:

• The store manager or business owner
• Building management or security
• The property owner (if known)

Get a copy of the incident report for your records. This creates an official record of what happened and when.

Avoid Giving Recorded Statements to Insurers

Insurance adjusters may contact you quickly, often asking for a recorded statement. Politely decline until you’ve spoken with a lawyer.

Insurance companies use these statements to:

• Get you to admit partial fault
• Downplay your injuries
• Lock you into a version of events before you’ve fully processed what happened

Simply say: “I’d prefer to speak with my attorney before giving a statement.”

Why You Need a Chicago Premises Liability Lawyer

Premises liability cases are complex. Property owners and their insurance companies have experienced legal teams—you should too.

Proving Notice and Liability with Evidence

Successfully proving a premises liability claim requires gathering and presenting strong evidence, including:

• Surveillance video from the property (obtained before it’s deleted)
• Inspection and maintenance logs showing the owner’s knowledge
• Building code violations
• Prior complaints or incidents at the property
• Expert witnesses who can testify about industry standards

Property owners don’t voluntarily hand over this evidence. Our lawyers use legal tools to obtain the documentation you need.

Countering Insurance Company Tactics

Insurance companies use sophisticated tactics to minimize payouts:

• Making quick, lowball settlement offers before you know the full extent of your injuries
• Claiming you were at fault or the hazard was obvious
• Delaying the process hoping you’ll give up
• Using your own statements against you

Our lawyers know these tactics and how to counter them effectively.

Working with Experts and Investigators

Complex cases often require expert testimony from:

• Safety engineers who can testify about building code violations
• Medical experts who explain your injuries and prognosis
• Economic experts who calculate your lost earning capacity
• Security consultants who assess whether security measures were adequate

We have relationships with trusted experts across all relevant fields.

Maximizing Settlement or Trial Outcome

Studies consistently show that accident victims recover significantly more compensation when represented by attorneys than when they handle claims alone.

Our lawyers know how to:

• Accurately calculate the full value of your claim
• Present compelling evidence of liability
• Negotiate effectively with insurance companies
• Take your case to trial if a fair settlement isn’t offered

How Our Chicago Premises Liability Lawyers Can Help

When you hire us, you get a dedicated team fighting for your rights at every stage.

Free Case Evaluation and Legal Consultation

We offer a completely free, no-obligation consultation to discuss your case. During this meeting, we’ll:

• Listen to what happened
• Review any evidence you have
• Explain your legal options
• Answer all your questions
• Tell you honestly whether you have a strong case

You’ll never pay for this initial consultation, and you’re under no obligation to hire us.

Schedule Your Free Consultation Now

Investigating the Accident and Gathering Evidence

Once you hire us, we immediately begin investigating by:

• Visiting the accident scene
• Obtaining surveillance video before it’s deleted
• Interviewing witnesses
• Requesting maintenance and inspection records
• Photographing and documenting conditions
• Reviewing building code compliance
• Consulting with relevant experts

Calculating Damages and Sending a Demand Letter

We work with you to document all your losses, including:

• Past and future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Impact on your quality of life

Then we send a detailed demand letter to the insurance company, presenting the evidence and demanding fair compensation.

Negotiating with Insurers or Taking the Case to Trial

Most premises liability cases settle through negotiation, but we’re always prepared to go to trial if necessary.

We handle all communications with the insurance company, countering their tactics and fighting for the maximum compensation. If they refuse to make a fair offer, we won’t hesitate to file a lawsuit and take your case before a judge and jury.

You pay nothing unless we win. Our contingency fee structure means we only get paid when you get paid.

Chicago Property Owners Have a Duty to Keep You Safe—We’ll Hold Them Accountable

You didn’t choose to be injured on someone else’s property. But you can choose how you respond.

Our Chicago premises liability lawyers have the experience, resources, and determination to take on property owners and their insurance companies. We’ll fight to recover every dollar you deserve so you can move forward with your life.

Don’t wait—evidence disappears and deadlines approach quickly.

Call Now: 866-4-LAW-411 | Start Your Free Consultation

Available 24/7 • No fees unless we win • Free case evaluation