7210 East State Street, Suite 102A, Rockford, Illinois 61108

Call Us815-215-7561

Winnebago County store injury attorneyThe last thing you probably expect when you visit a grocery store, big-box store, mall, or other retailer is to be injured. Whether you were hurt because of a slip and fall accident, parking lot accident, or another type of incident, you may be left with painful injuries and expensive injury-related costs. You may wonder if you can sue the store for failing to prevent your injuries. The answer depends on the circumstances of your injury and other factors.

Bringing a Premises Liability Claim for an Injury Sustained at a Retail Store

Premises liability is the area of law that deals with the expectations of property owners. In Illinois, store owners are responsible for keeping their properties reasonably hazard-free. A store owner or property owner is not responsible for every injury that occurs on the premises, but they are responsible for injuries caused by negligence. If a store allows a dangerous condition to exist on the property, the store may be liable for injuries caused by that condition.

A store may be liable for injuries caused by:

...

Rockford personal injury attorneysIf you or a loved one were recently injured in a slip and fall or trip and fall accident, you may wonder what legal remedies you have at your disposal. A slip and fall injury claim may help you recover financial compensation for medical bills, lost wages from missed work, and other damages. However, a successful personal injury claim is only possible if certain elements are present. To know whether or not you have a valid injury claim and may be entitled to compensation, you must consider the circumstances of the accident, and whether a party’s negligence contributed to the fall accident.

Property Owners Have a Legal Obligation to Maintain a Safe Premises

According to Illinois premises liability laws, property owners or occupiers must keep their properties reasonably safe for individuals who are lawfully visiting the property. This responsibility extends to the owners of properties such as:

  • Grocery stores
  • Shopping malls
  • Parking lots
  • Bars and nightclubs
  • Restaurants
  • Apartment buildings
  • Residential properties

Property owners who allow an unsafe condition to exist on the property and do not warn people about the hazardous condition may be liable for any injuries caused by the unsafe condition. The property owner or occupier may be required to compensate the injured person for his or her damages.

...

Rockford personal injury attorneysWhen we think about restaurants, bars, and nightclubs, we typically envision friends getting together to have a few drinks, eat a meal, dance, and enjoy themselves. Unfortunately, sometimes a night out turns into a nightmare. If you or a loved one was the victim of assault or battery at a bar, nightclub, or other commercial establishment, you may have questions about liability. Even if the police were called and the person who attacked you is facing criminal charges, you may still be left with serious expenses related to your injuries. In some cases, the establishment in which someone was physically attacked is liable for the costs suffered by the victim. However, bars and other establishments are only liable for injuries from an attack in certain situations.

Physical Attacks Can Lead to Considerable Damages

Whether you were injured in a fight or you were simply a bystander who was injured while other people were fighting, injuries from a bar fight can be severe. You may have sustained deep lacerations, broken bones, traumatic brain injury, or other injuries that required emergency medical care. Now you are left with medical bills and other financial concerns. You may be unable to work and earn an income while your injuries are healing. In situations such as these, a premises liability claim against the establishment may allow you to recover financial compensation.

Commercial Establishments Have a Legal Duty to Customers

Premises liability laws deal with the legal responsibilities that property owners have to the individuals who lawfully visit their properties. Commercial property owners and occupiers have a legal duty of care to their customers to keep the premises reasonably safe. Of course, understanding what constitutes “reasonably safe” can be quite difficult. Typically, a bar or other commercial property is legally responsible for injuries sustained by a customer when the establishment knew or should have known about a dangerous situation and did not take steps to protect customers from the foreseeable danger. For example, if patrons are routinely injured in fights caused by the bartenders overserving alcoholic drinks, it could be argued that the establishment should have taken steps to prevent future fights from occurring. The establishment may also be liable if it broke state or local laws and this unlawful conduct led to your injuries.

...

Rockford negligent security lawyersWhen a person is harmed during a robbery or attack, criminal charges are often brought against the aggressor. While this may bring the perpetrator to justice, it does little to  address the injuries caused to the victim. A person hurt in an act of physical violence may suffer lacerations, broken bones, internal organ damage, traumatic brain injury, and other serious physical injuries. He or she may also experience deep emotional pain and psychological scarring. In some cases, a civil lawsuit brought against the owner of the property on which the attack occurred may enable a victim to recover compensation.

What is Considered Negligent Security?

Property owners cannot be expected to prevent every injury on their property, but they are required to keep their property free of foreseeable dangers. This includes equipping the property with adequate lighting, locks, cameras, and other security measures. The level of security that a property should have is largely determined by the property’s location and the frequency of crime in the area. For example, If a store owner knows that two customers have already been mugged in the dark parking lot outside of his store, he should have lights installed and take other steps to help prevent future muggings. If he fails to take these steps and another customer is injured as a result, the customer may have a valid personal injury claim. 

Lawsuits for negligent security may be brought against a store, restaurant, bar, hotel, apartment complex, or other facilities. Such suits may be filed in addition to any civil claims made against the perpetrator, as permitted by law. It is possible to have more than one party share liability for your injuries. 

...

Winnebago County personal injury attorneysBeing assaulted is a nightmarish experience to endure. If you have been injured in a robbery or any other type of attack, you may be left with significant mental trauma and expensive medical bills. One way you may be able to receive compensation for these and other damages caused by the assault is through a premises liability lawsuit. If inadequate security was to blame for the assault, you may bring a civil claim against the property owner in addition to any civil claim or criminal charges you press against the attacker

Examples of Negligent Security

Property owners and managers have a legal obligation to keep properties reasonably safe for individuals who are invited onto the property. A property owner cannot guarantee the safety of everyone who enters his or her property, but the owner must appropriately address foreseeable risks. When a property owner does not fulfil this obligation and a visitor to the property is injured as a result, the owner may be liable for the damages caused by the injury. Examples of negligent security may include:

  • A hotel owner fails to fix a broken lock on a room door
  • A parking garage owner does not replace burnt out lightbulbs even though several patrons have been robbed in the garage at night
  • The owner of a mall in a high crime area fails to hire enough security guards to adequately patrol the parking lot
  • A landlord knows that a tenant is selling drugs out of his apartment but does nothing to stop it

Pursuing Compensation for Inadequate Security

Premises liability lawsuits may be brought against the owner or manager of a store, restaurant, bar, mall, hotel, apartment complex, parking garage, resort or other property. Victims of a shooting, assault, battery, rape, sexual assault, or other injury-causing attack may bring an injury claim against a property owner. If negligent security contributed to a fatal attack, the surviving family of the deceased person may bring a wrongful death lawsuit. The victim or victim’s family may be compensated for medical bills, lost income due to missed work, pain and suffering, mental anguish, and more.

...
AV Rating Leading Lawyers Elite Lawyer Super Lawyers Top 10 National trial Lawyers
Back to Top