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What You Should Know About Premises Liability
You didn’t plan to get hurt. But whether it was a fall at a grocery store or an accident in someone’s backyard, the result is the same: pain, stress, and bills you never expected. The truth is, you might be held responsible for something that wasn’t your fault—especially when insurance companies or property owners try to dodge responsibility.
Understanding how premises liability works isn’t just for lawyers. It’s about knowing what your rights are and how to protect yourself when others fail to keep their property safe.
When Property Conditions Cause Harm
Unsafe Properties and Who’s Responsible
If you’re hurt because of a slippery floor, broken step, faulty handrail, or another preventable hazard, the property owner might be legally responsible. That’s the foundation of premises liability law—it holds people accountable when they fail to maintain safe conditions for others.
It applies whether you're visiting a business, walking through a parking lot, or attending a backyard gathering. These cases aren’t about freak accidents—they’re about someone neglecting their responsibility and putting you in harm’s way.
Types of Accidents That Count
Some of the most common situations include:
- Slipping on ice that wasn’t salted
- Falling because of poor lighting or broken stairs
- Injuries at pools without proper fencing
- Dog bites when an animal wasn’t properly controlled
Each case comes down to whether the hazard could have been prevented. If it could—and it wasn’t—you may have a valid claim.
The Property Owner’s Legal Duties
Not all visitors are treated the same under the law. If you were on the property legally—as a shopper, customer, or guest—the owner owed you a higher duty of care. That means they were expected to check for dangers, fix them, and give you a heads-up if something couldn’t be fixed right away.
If they ignored that responsibility, they may be held liable for what happened to you.
Understanding Your Legal Standing
Why Your Status Matters
Were you invited onto the property? Were you there for business or as a guest? The law makes distinctions between invitees, licensees, and trespassers.
The more legitimate your reason for being there, the more responsibility the property owner had to keep you safe. But even in cases where you didn’t have permission to be there, there are still circumstances where you could be protected—especially if the owner knew people came through the area and didn’t fix dangerous conditions.
What You Have to Prove
To have a strong case, you’ll need to show:
- A hazard existed
- The owner knew (or should have known) about it
- They didn’t fix it or warn you
- That hazard caused your injury
Photos, reports, and witness statements can make or break a claim. If you didn’t gather evidence right away, don’t panic. An attorney can help investigate and collect what’s needed.
What You Might Recover
In a successful claim, you can seek compensation for:
- Medical bills
- Lost wages
- Pain and emotional distress
The amount depends on how badly you were hurt and how much the accident disrupted your life. A skilled legal team can help calculate what you’re really owed—and make sure no one lowballs your case.
Protecting Your Case After an Injury
What to Do First
If you’re injured on someone else’s property:
Get medical help immediately.
Report the incident to the property owner.
Take photos or notes if you’re able.
Get contact info from witnesses.
Even if you feel okay at first, some injuries take time to show up. A delay in treatment could also hurt your case, so it’s smart to get checked out early.
When You Need a Lawyer
These cases can get messy fast—especially if the property owner denies responsibility or if insurance companies try to blame you. An attorney can push back, build your case, and deal with the legal pressure so you can focus on recovery.
A good lawyer isn’t just someone who files papers. They can negotiate better outcomes, prevent you from settling for less, and take your case to court if needed.
Settlement or Lawsuit?
Most premises liability cases settle out of court. But if the other side refuses to take responsibility or lowballs your damages, going to court might be your best shot.
Your attorney can help weigh the pros and cons. Sometimes holding out leads to better results. Other times, a fair settlement lets you move on with less stress. Either way, you should never be pushed into a decision that doesn’t serve your best interest.
Common Defenses You Might Face
What Property Owners Often Claim
Property owners and their insurers will try to argue they didn’t know about the hazard, or that you caused your own injury. They might say:
- “We just cleaned the floor.”
- “No one else complained.”
- “They weren’t paying attention.”
These defenses are meant to shift blame onto you and avoid accountability. With strong evidence and legal support, you can push back.
When Fault Is Shared
Illinois uses a modified comparative negligence system. If you're found to be more than 50% at fault, you can't recover damages. But if your share of blame is 50% or less, you can still recover—just at a reduced amount.
That’s why it’s critical to fight inflated fault claims and make sure your side of the story is clearly told.
Dealing With Insurance Tactics
Insurance companies don’t work for you. Their job is to minimize payouts. They might:
- Offer a quick, lowball settlement
- Delay your claim
- Dispute your injuries
The right legal team knows how to handle these tactics and can keep you from being taken advantage of.
Time Matters—Here’s Why
Deadlines Can Cost You
In Illinois, you generally have two years from the date of injury to file a claim. Miss that deadline, and your case might be thrown out—even if it’s valid.
That’s why talking to a lawyer sooner rather than later is always a smart move. It ensures your rights are protected from day one.
Different Rules for Commercial vs. Residential
Commercial property owners—like store managers or landlords—are held to stricter safety standards than homeowners. That doesn’t mean homeowners get a free pass, but it can affect how your case is approached.
Where and how the injury happened shapes what legal tools are available. Your attorney will know how to handle both situations.
Talk to a Rockford Premises Liability Attorney
If you were injured on someone else’s property in or around Rockford, IL, don’t take the blame for someone else’s neglect. You deserve accountability and a path forward.
The team at DeRango & Cain, LLCfights for those hurt due to unsafe conditions—and we know how to take on insurance companies, landlords, and business owners.
Call (815) 216-5911 to talk with us about your case. We’ll stand by your side and help you get the compensation you deserve.