Property owners are responsible for keeping their premises safe for visitors, especially those legally on the property. While the duty of care is highest for lawful guests, you may be surprised to learn that property owners also owe a limited duty to trespassers. Although the property owner is responsible for maintaining safety, others—such as property managers, tenants, or business operators—may share this obligation.
Determining liability for injuries on a property depends on several factors, with the most critical being the cause of the injury. An injury alone does not automatically mean it resulted from a hazard or negligence. Sorting through the details of a personal injury claim can feel overwhelming, but an experienced Joliet premises liability lawyer could assess the circumstances, determine if you have a valid claim, and help you understand the potential damages you may recover.
Almost any type of injury that occurs on someone else’s property can lead to a premises liability claim. However, the injury must be the result of a hazard to the property, and the property owner must owe a duty to the visitor.
Slip-and-fall accidents are among the most common types of premises liability claims. Any injury that results from a fall due to a defect on the premises may qualify. Loose banisters, loose carpets, uneven flooring, and slippery surfaces all contribute to these accidents. While the name may not sound serious, falls are one of the leading causes of severe injuries in personal injury claims.
Dog bites and other animal attacks are other leading causes of premises liability claims. Dog bites are strict liability, meaning the victim does not have to demonstrate that the property owner was negligent or that they knew or should have known that the dog had a history of aggressive behavior.
Some other examples of premise liability cases include:
Not every hazard has an easy remedy—in those instances, the property owner must warn visitors that it exists. A premises liability lawyer in Joliet could help an injured person determine whether their circumstances qualify them to file a claim.
The law designates three categories for visitors: invitees, licensees, and trespassers. Whether a property owner has a duty to a visitor and the nature of that duty depends on why someone is visiting the property.
Trespassers are people who are illegally on the property. Many people assume that the owner owes them no duty because trespassers are illegally on the property. That is not entirely true. The property owner has very few duties to most trespassers. They must only avoid setting traps or having other known, hidden hazards. However, property owners owe some duty to children trespassers under the attractive nuisance doctrine. Owners must secure their property to prevent children from accessing attractive items that could cause them harm, such as swimming pools or trampolines.
Someone who is on the property for the owner’s benefit is considered an invitee. Invitees are common in commercial settings and include patrons in a restaurant or store. They are less common in private homes, but delivery people and others who visit the property to give the property owner some benefit qualify. A property owner’s largest obligation is to invitees. In addition to remedying known hazards—or at least warning visitors about them—they must regularly inspect the property.
Licensees are people who are on the property for their own benefit, including social guests. Property owners need to remedy known hazards or warn visitors of their existence. They do not have a duty to inspect the property for licensees. Still, if a hazard exists for a sufficient period, the factfinder can assume the property owner should have known of it. A Joliet premises liability attorney could help an injured person determine their status on the property and how it impacts the property owner’s duty.
Property owners have a duty to keep their premises safe for most visitors, but not every injury on a property gives rise to a personal injury claim. Consult a Joliet premises liability lawyer to learn more about your rights.