The basics of a premises liability claim

Many of our readers in the Chicago area know that lawsuits are a possibility with so-called «slip and fall» cases. However, many people may not realize that these types of lawsuits are brought under the umbrella of «premises liability» law, which is part of personal injury law overall. Anyone who has been injured while on another party’s property would benefit from knowing the basics of a premises liability claim.

For starters, every property owner owes a duty to many of the people who come to their property. Businesses and stores, for example, owe a duty to the customers and clients who come to their property because those individuals are specifically invited to come to the property to buy goods or services. However, even a homeowner in the Chicago area owes a duty to the people who come to their property.

What is the duty that property owners owe to others? Well, simply put, it is that the property is free from dangerous conditions or negligently placed or maintained conditions that might cause injury to another person. The crucial part of most premises liability cases is the status of the person who came to the owner’s property. Was that person invited? A social guest? Or a trespasser?

It may be obvious that a person who was specifically invited to a person’s property is owed a higher duty than a person who is trespassing on property. However, the facts of any given case can vary quite a bit, meaning that anyone who has been injured on another’s party’s property will need to get the details about the legal options in their own unique case.