ILLINOIS PREMISES LIABILITY ATTORNEYS

The Illinois Premises Liability Act (740 ILCS 130/)

Illinois law requires property owners and occupiers to exercise reasonable care in maintaining their property for anyone lawfully on the premises. The Illinois Premises Liability Act eliminated the old common-law distinction between invitees and licensees, meaning both categories of lawful visitors are owed the same duty of reasonable care. Trespassers are generally owed a lesser duty, limited to refraining from willful and wanton conduct, though Illinois recognizes exceptions such as the attractive nuisance doctrine for children.

Notice and the “Open and Obvious” Doctrine

To recover compensation, you generally must show the property owner knew, or should have known, about the dangerous condition (actual or constructive notice) and failed to fix it or warn visitors within a reasonable time. Property owners often argue that a hazard was “open and obvious” and therefore not their responsibility. Illinois courts recognize important exceptions to this defense, including when the owner should have anticipated that visitors would be distracted and not notice the hazard, or when children are involved. Our attorneys know how to counter this defense with evidence and legal argument.

Comparative Negligence (735 ILCS 5/2-1116)

Under Illinois’ modified comparative negligence rule, you can still recover damages even if you were partially at fault for your injury, as long as you were less than 51% responsible. Your compensation is reduced by your percentage of fault. For example, if a jury finds your case is worth $100,000 but also finds you 20% responsible, your final award would be $80,000. Property owners and their insurers frequently try to shift blame onto injured visitors to minimize payouts. Our attorneys know how to counter these tactics through thorough investigation and careful case preparation.

1. Get Medical Treatment

Your health comes first. Seek medical attention right away, even if your injuries seem minor. Some injuries, including concussions and internal injuries, do not show symptoms immediately, and prompt records link your injury directly to the incident.

2. Report the Incident

Notify the property owner, manager, or an employee, and ask that an incident report be created. Get a copy if possible, or at minimum note who you spoke with and when.

3. Document the Scene

Photograph the hazard that caused your fall or injury, including wide-angle shots of the surrounding area, lighting conditions, and any warning signs (or lack of them). Physical evidence doesn’t lie, and hazards are often fixed or removed quickly after an incident.

4. Get Witness Information

If anyone saw what happened, get their name and contact information. Witness accounts can be critical, especially against a property owner who disputes how the incident occurred.

5. Be Careful What You Say

Avoid making statements that could be construed as admitting fault, and do not sign anything from the property owner’s insurance company before speaking with an attorney.

6. Speak to an Experienced Illinois Premises Liability Attorney

Before giving any statement, signing any form, or accepting any settlement, call Phillips Law Offices. We’ll protect your rights and preserve your case.

What is premises liability?

Premises liability is the legal theory holding property owners and occupiers responsible for injuries caused by hazardous conditions on their property when they knew, or reasonably should have known, about the hazard and failed to fix it or warn visitors.

What is the statute of limitations for a premises liability claim in Illinois?

Most premises liability injury claims in Illinois must be filed within two years of the injury date (735 ILCS 5/13-202). Claims against government-owned property often carry much shorter notice deadlines, so contact an attorney immediately if your injury occurred on public property.

Can I recover compensation if I was partly at fault?

Yes. Under Illinois’ modified comparative negligence rule, you can still recover damages as long as you were less than 51% responsible for your injury. Your compensation is reduced by your percentage of fault.

What is the ‘open and obvious’ doctrine?

Property owners sometimes argue a hazard was so obvious that visitors should have avoided it themselves, relieving the owner of liability. Illinois law recognizes exceptions, including when an owner should have anticipated visitors would be distracted, or when children are involved. Our attorneys know how to counter this defense.

Does it matter whether I was a customer, guest, or trespasser?

Illinois law owes lawful visitors, whether customers, guests, or other invited people, the same duty of reasonable care. Trespassers are generally owed a lesser duty, though exceptions exist, including for children under the attractive nuisance doctrine.

What compensation can I recover in a premises liability case?

Illinois law allows you to recover compensation for medical expenses (past and future), lost wages, pain and suffering, disability, disfigurement, and loss of normal life. Illinois does not cap compensatory damages in premises liability cases.

How much does it cost to hire Phillips Law Offices?

You pay nothing upfront. We work on a contingency fee basis, no fee unless we win. We advance all case costs, including investigation and expert witnesses.

What types of properties can premises liability claims involve?

Premises liability claims can arise at retail stores, restaurants, apartment buildings, parking lots and garages, office buildings, hotels, and even private homes. Any property owner who fails to maintain reasonably safe conditions for lawful visitors can potentially be held liable.

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