Premises liability claims stem from a landowner or occupier’s duty to keep their property safe and free from dangerous conditions existing thereon. Slips and trips are the most common complaint, with the cause most commonly alleged to be a wet or waxy floor, an upraised floor covering or a latent defect on or in the premises.
The law in Illinois, as in other jurisdictions, is that when you invite others onto your property, you have a duty to keep your property safe and free from dangerous conditions so as to prevent your invitees from getting injured. The law imposes a duty on premises owners and occupiers to maintain their property in a safe and secure condition. A breach of that duty, resulting in injury, will give rise to a compensable claim.
Video surveillance is now the norm as opposed to the exception and that technology has captured many of the claims we are prosecuting. But to be useful, the surveillance video must be identified early on, requested and secured; oftentimes, young lawyers neglect this very important task.
A large part of premises liability claims relate to falls on snow and ice and those cases are won or lost on whether the cause of the fall was resultant from a natural accumulation or an unnatural accumulation. The litigation surrounding natural accumulation vs unnatural accumulation requires analysis by a critical experienced legal professional. Snow and ice cases are won or lost on this issue and, if not handled properly, an otherwise winnable case will be lost.
The Law Office of James M. Urtis has been handling premises liability claims for more than 25 years. We have seen and handled just about every type of slip, trip or fall that could be imagined. This is a very important point to consider because by retaining the law office of James Urtis, you can be certain that your claim will be handled skillfully.
It is important to note that Insurance companies are inclined to deny premises liability claims and/or pay out as little as possible. Our office insists on reasonable and full compensation for our clients and we will settle for nothing less.