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When Do Premises Liability Laws Apply?

Last updated 5 years ago

Premises liability law involves holding land owners or possessors liable for injuries that occur on their land. Historically, a landowner’s duties differed depending on the status of the injured party. In 1984, the Illinois Premises Liability Act changed the law. Continue reading to learn more about when premises liability laws apply and contact a personal injury attorney if you have additional questions.

Licensees and Invitees

Licensees are social guests, and invitees include everyone from business customers and spectators at sporting events to independent contractors working on a project. A land owner or occupier owes invitees or licensees reasonable care under the circumstances regarding the state of the premises. The individual is not required to guarantee the safety of visitors, but may be held liable if three elements can be proven. First, the owner or occupier must have known of the condition, or would have discovered the dangerous condition with reasonable care. The second requirement is that the visitor could not discover or realize the danger. Finally, the owner or occupier must have failed to exercise reasonable care to protect the visitor against the danger.

Trespassers

Land owners and occupiers owe a lower standard of care to trespassers. An individual is classified as a trespasser if he or she enters onto another person’s property without invitation or permission. In general, an owner or occupier will not be held accountable for injuries suffered unless he willfully and wantonly injures a trespasser. Since trespassers are themselves breaking the law, premises liability law is a lot less sympathetic in instances where they are hurt.

Have you been injured on another person’s property? You may be entitled to compensation for your injuries. Contact the personal injury attorneys at McCready, Garcia & Leet to get started on your case. We have handled thousands of cases in state and federal courts, and we pride ourselves on providing quality representation to our clients. Call our Chicago office at (773) 779-9885 to schedule a clear and concise consultation.

 

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