Whether you're visiting a friend’s home or walking through a grocery store, property owners have a legal responsibility to keep their premises reasonably safe. When they fail to do so and someone gets hurt, the consequences can be serious—not just physically, but financially and emotionally as well.
If you've been injured on someone else’s property, you may be entitled to compensation for things like medical bills, lost income while you recover, and the physical and emotional toll the injury has taken on your life. In some cases, especially where reckless behavior is involved, additional damages may be awarded as a form of punishment to the negligent party.
Understanding your legal options can feel overwhelming, but you don’t have to figure it out alone. Speaking with an experienced premises liability lawyer can help you decide whether pursuing a personal injury claim is the right step forward. Every case is different, and the right attorney can help you evaluate key factors—like the property owner's legal responsibility (or “duty of care”) and whether negligence played a role in your injury.
In this article, we’ll break down what you need to know about premises liability law, how negligence is determined, and what steps to take if you’re considering legal action.
Premises Liability Law: The Basics
Premises liability is a legal term used to describe personal injury cases that happen because of unsafe or poorly maintained property conditions. If someone is hurt because of a hazardous situation on another person’s property—whether it’s a business, a rental, or a private home—they may have a premises liability claim.
These laws apply to both commercial and residential properties, and they’re designed to hold property owners accountable for keeping their spaces reasonably safe for visitors.
Common Examples of Premises Liability Cases
Some of the most common types of cases brought before the courts include:
- Slip and fall accidents
- Accidents due to negligent snow and ice removal
- Insufficient maintenance of the property
- A lack of building security enforcement on the premises that leads to injury or assault
- Injuries resulting from elevator or escalator malfunction
- Injuries resulting from dog bite attacks on the property
- Swimming pool accidents resulting in personal injury
- Personal injury incurred while visiting an amusement park
- Excessive water leaks or flooding and subsequent unsafe structural damage or mold exposure
- Health hazards resulting from exposure to toxic chemicals and/or fumes
Additional Hazardous Conditions
Other common hazardous conditions include:
- Wet floors in a grocery store
- Poor lighting in stairwells
- Missing or broken handrails
- Cluttered aisles or walkways
- Loose carpeting or uneven flooring
Liability doesn’t always fall on just one type of property owner. In fact, several different parties can potentially be held responsible for an injury on someone else’s property. These might include business owners, landlords, homeowners, or even government agencies. In some cases, a property manager—someone who oversees the space but doesn’t technically own it—can also be held accountable.
What ties all of these people or organizations together is something called a duty of care. That means they’re legally expected to take reasonable steps to keep their property safe for anyone who has a right to be there.
A Residential Property Owner’s Duty of Care
When you’re invited onto someone’s property—whether it’s for a backyard barbecue or to do some work—you should be able to expect a safe environment. Property owners have a responsibility to fix or clearly warn you about any dangerous conditions that could cause harm.
Under the Illinois Premises Liability Act, homeowners and residential property operators are required to keep their premises in reasonably safe condition. That means not only addressing known hazards, but also keeping an eye out for potential risks through regular maintenance and inspections.
What About Trespassers?
Even if someone is on a property without permission, the owner may still carry some legal responsibility. While the law generally offers less protection to trespassers, property owners can’t intentionally create dangerous conditions to cause harm.
In certain situations—especially when children are involved—owners may also be expected to secure areas that could pose serious risks, like swimming pools or construction zones, even if those children aren’t supposed to be there.
A Business’s Duty of Care
Businesses have a legal obligation to keep their property reasonably safe for anyone who comes in—customers, employees, or even delivery drivers. This includes regularly checking for hazards and addressing any issues that could lead to injury. Failing to do so could leave them legally responsible if someone gets hurt.
Routine Inspections Are Essential
Property owners, especially businesses, are expected to inspect their premises regularly to catch any issues that could pose a risk. These routine inspections are an important part of maintaining a safe environment and preventing personal injury.
If someone gets hurt and it’s shown that a reasonably regular inspection could have uncovered the unsafe condition, the property owner may be held responsible for the resulting damages. Simply claiming they weren’t aware of the problem often isn’t enough to avoid liability.
Liability for Third-Party Acts
In general, property owners aren’t automatically responsible for what other people do on their premises. For example, if one customer harms another, the business may not be at fault.
However, there are exceptions. If the property owner could reasonably foresee that something dangerous might happen, like repeated fights in an unmonitored parking lot, they may have a legal duty to take steps to prevent it.
Steps to Take After an Injury on Private Property
If you are injured due to a property owner’s negligence, here are some essential steps to take to protect your rights:
- Seek medical attention immediately to ensure your injuries are treated and documented.
- Gather evidence from the scene—take photos of hazardous conditions, get contact information for witnesses, and note any relevant details.
- Request an incident report, especially if your injury occurred in a commercial setting like a grocery store.
- Notify the insurance company of the property owner and obtain a copy of their insurance policy if possible.
- Speak with a premises liability lawyer who understands personal injury law and can help build a strong case.
Understanding Negligence and Comparative Fault
Whether a residential or commercial property owner is held responsible for someone’s injuries often comes down to one key question: were they negligent? If the property owner failed to take reasonable steps to prevent harm, they may be liable for the damages the injured person suffered.
What Is Comparative Negligence?
In many personal injury cases, courts don’t just look at the property owner's actions—they also consider whether the injured person shares any of the blame. If the court finds that the plaintiff’s own actions contributed to the accident, the compensation they receive may be reduced based on their level of responsibility.
This system is called comparative negligence, and it’s used to make sure each party is held accountable for their part in what happened.
Common Injuries and Compensation
Injuries resulting from unsafe property conditions can range from minor to severe, including:
- Fractures and broken bones
- Head trauma and concussions
- Back and spinal cord injuries
- Cuts, bruises, or sprains
Compensation May Include:
- Medical expenses
- Lost wages
- Ongoing medical treatment and rehabilitation
- Pain and suffering
- Property damage (e.g., broken glasses, phones)
- Emotional trauma
Some of these costs may be covered by a homeowner’s insurance or property owner’s insurance company, but in more serious cases, a personal injury lawsuit may be required to secure full compensation.
The Legal Process and Statute of Limitations
If you decide to pursue legal action, your premises liability lawyer will help guide you through the legal process, which typically involves:
- Investigating the accident
- Collecting evidence
- Filing legal documents
- Negotiating with the insurance company
- Going to court, if necessary
Don’t Miss the Deadline
It’s important to note that every state has a statute of limitations that restricts how long you have to file a lawsuit. In Illinois, for example, most fall cases must be filed within two years of the date of injury.
While not every injury leads to suing a property owner, having a qualified legal team on your side helps ensure your rights are protected and increases your chance of a successful outcome.
Contact a Personal Injury Attorney
When someone gets hurt on private property and is thinking about taking legal action, it’s completely normal to feel overwhelmed by the process. For years, the experienced attorneys at the law firm of Palermo Law Group have worked with victims in and around the Oak Brook area as they navigate the law and fight for their right to fair compensation for their injuries.
Contact Palermo Law Group today for a free consultation and insight into your unique case involving premises liability, personal injury law, or other related matters such as car accidents.
Whether you slipped on a wet floor, encountered poor lighting, tripped over missing handrails, or suffered an injury due to other hazardous conditions, our team is here to help. Don’t delay—your path to justice and a safe environment starts with a call. We’re ready to gather evidence, negotiate with the insurance company, and help you build a strong case.
Let us advocate for your recovery today.
For a free consultation with Palermo Law Group, contact our law firm by calling (630) 684-2332 or visit our website at https://www.palermolawgroup.com/.