In Need of a Commercial Premises Liability Attorney?
Commercial Premises Liability Lawyer in Chicago
If you or a loved one has suffered an injury on a commercial property in Chicago, you may need the help of a skilled commercial premises liability lawyer to recover compensation. At Wallace Miller, we understand the physical, emotional, and financial challenges that can arise from such accidents. Our experienced attorneys can help you take on the legal process and fight for the compensation you deserve. Call us today or contact us online for a free consultation to learn more.
Understanding Commercial Premises Liability
Commercial premises liability refers to the legal obligation and responsibility of property owners and managers to keep a safe environment for visitors, customers, and employees. This includes retail stores, restaurants, office buildings, hotels, and other commercial properties.
Under Illinois premises liability law, property owners and managers must ensure their premises remain free from dangerous conditions that could harm others. If they fail to uphold this responsibility and someone suffers an injury, negligent property owners may be liable for the victim’s injuries and other losses.
Property owners and managers must take reasonable steps to identify and address potential hazards. This may include performing regular inspections, making prompt repairs, and providing adequate warning signs or barriers around known dangers. Failure to do so can result in serious accidents and injuries, including slip and fall incidents, trip and fall accidents, catastrophic injuries, or even assaults due to inadequate security measures.
Common Types of Commercial Property Accidents
Accidents can happen in various ways on commercial properties. Some common types of premises liability lawsuits include:
- Slip and fall accidents: These happen when a person slips, trips, or falls due to unsafe conditions, including wet floors, uneven surfaces, or poorly maintained stairs. Property owners must ensure that walking surfaces are kept clean, dry, and free of debris. They should also provide proper lighting and handrails where necessary.
- Inadequate security: If property owners cannot provide reasonable security measures, such as proper lighting or security personnel, they may be liable for crimes on the premises. This is especially true in areas with a history of criminal activity or where large crowds gather, such as shopping malls or entertainment venues.
- Elevator and escalator accidents: Malfunctioning or poorly maintained elevators and escalators can cause serious injuries. Property owners must ensure that qualified professionals regularly inspect, maintain, and repair these devices. They should also have emergency plans to address potential malfunctions or entrapments.
- Falling objects: The property owner may be responsible when objects fall from shelves or displays and injure customers. This includes improperly secured merchandise, overloaded shelving units, or construction debris from ongoing renovations. Property owners must ensure that all items are securely stored and displayed to prevent accidents.
- Swimming pool accidents: Inadequate supervision, lack of proper safety equipment, or poor maintenance can lead to drowning or other pool-related injuries. Property owners with swimming pools must adhere to strict safety regulations, including providing proper fencing, signage, and lifesaving equipment.
Proving Liability in Commercial Premises Liability Cases
You need to prove that the former property manager or owner was negligent in safely maintaining the property or failed to warn visitors of potential hazards to hold them accountable for your injuries. This requires you to demonstrate the following elements:
- The property owner owed you a duty of care: You must show that you were lawfully on the property. The property owner owes guests a duty of care and must warn them of known hazards.
- The property owner breached their duty of care: You must prove that the owner or manager knew about the dangerous condition and failed to take reasonable steps to address it. This may involve showing that the hazard existed for an extended period, that similar accidents had occurred in the past, or that the owner failed to conduct regular inspections or maintenance.
- The breach of duty resulted in your injuries: You must establish a direct link between the property owner’s negligence and your injuries. This means showing that the dangerous condition was the cause of your accident and that your injuries would not have occurred if the owner had taken appropriate action.
- You suffered losses: You must have incurred actual losses, such as lost wages, medical bills, or pain and suffering resulting from the accident. You must document and support these losses with evidence such as medical records, wage statements, and expert testimony.
Proving a premises liability claim in a commercial premises liability case can be complex and challenging. It often requires a thorough investigation, gathering evidence, and navigating the legal system and the testimony of expert witnesses. A skilled commercial personal injury lawyer can help you build a strong case and negotiate with insurance companies to obtain fair compensation for your losses.
Damages in Commercial Premises Liability Claims
If you’ve sustained injuries on a commercial or private property belonging to someone else, you could be eligible for different forms of compensation, determined by the extent of your injuries and the specifics of your situation. You could be entitled to money for:
- Medical expenses: Compensation for hospital bills, doctor visits, medication, and any ongoing medical treatment related to your injuries.
- Lost wages: Reimbursement for the income you lost while recovering from your injuries and future lost earning capacity if your injuries prevent you from working.
- Pain and suffering: Compensation for the emotional, physical, and mental anguish caused by your injuries. This may include compensation for your injuries’ impact on your daily life, relationships, and overall well-being.
- Disability or disfigurement: If your injuries result in disability or disfigurement, you may be entitled to additional compensation. This may include compensation for the cost of medical devices, home modifications, or other accommodations needed to adapt to your new circumstances.
- Loss of enjoyment of life: Compensation for the impact your injuries have on your ability to participate in hobbies, social activities, and other aspects of your life. This may include compensation for losing the ability to engage in activities you once enjoyed or the impact your injuries have had on your relationships with family and friends.
In some cases, punitive damages may also be available if the property owner’s conduct was particularly egregious or reckless.
Statute of Limitations in Illinois Premises Liability Cases
Acting quickly after an accident on a commercial property is essential, as Illinois has a statute of limitations for injury victims filing personal injury lawsuits. In most cases, you must file a claim within two years of the accident date.
It is essential to consult with a knowledgeable and experienced premises liability attorney as soon as possible after your accident so that your rights are protected and you file a claim within the appropriate timeframe. Your attorney can help you understand the specific deadlines and liability laws that apply to your case and take action to preserve your right to seek compensation.
How a Commercial Premises Liability Lawyer Can Help
Trying to work through the legal process after a commercial premises liability lawsuit or property accident is overwhelming, especially when you are recuperating from injuries suffered and dealing with mounting medical bills. An experienced commercial premises liability lawyer can help you in several ways:
- Investigating your case: Your attorney can gather evidence, interview witnesses, and consult experts. This may include obtaining surveillance footage, accident reports, and medical records to support your claim.
- Identifying liable parties: In some cases, multiple parties are responsible for your injuries, such as the property owner, manager, or a third-party contractor. Your lawyer can help determine who should be held accountable and pursue claims against all responsible parties.
- Negotiating with insurance companies: Insurance companies will try to settle claims for as little as possible. Your attorney can handle these negotiations and try to procure a fair settlement that covers all your losses. They can also help you avoid common pitfalls, such as accepting a lowball offer or signing away your rights to future compensation.
- Representing you in court: If no fair settlement can be reached, your lawyer can represent you in court and present your case to a judge and jury.
- Providing guidance and support: Your attorney can answer your questions and offer advice on the best course of action for your unique situation.
Choosing the Right Commercial Premises Liability Lawyer
When selecting a commercial premises liability lawyer to handle your case, consider the following factors:
- Experience: Look for a lawyer with a proven track record of success in handling commercial premises liability cases similar to yours.
- Resources: Ask whether the law firm has the resources necessary to thoroughly investigate your case and take it to trial if needed.
- Communication: Your lawyer should be responsive to communication from their clients and keep you informed about the progress of your case.
- Comfort level: Select an attorney with whom you feel comfortable discussing your case and who you believe has your best interests in mind.
At Wallace Miller, our team of skilled commercial premises liability lawyers dedicates themselves to helping injured accident victims in Chicago and throughout Illinois. We have the experience, resources, and commitment needed to help you recover the compensation you deserve.
Our Personal Injury Lawyers Also Focus on the Following Areas:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Premises Liability
- Dog Bites
- Workplace Injury
- Wrongful Death
- Slip and Fall
- Spinal Cord Injury
- Burn Injury
- Traumatic Brain Injury
- Medical Malpractice
- Rideshare Accident
Contact Wallace Miller Today
If you or a loved one suffered injuries on a commercial property, contact us today at (312) 261-6193 for a free consultation. Let us put our knowledge and experience to work for you and help you manage the complex legal and financial compensation process ahead. You do not have to face this challenging time alone. The compassionate and knowledgeable team at Wallace Miller is here to fight for the justice you deserve.