Chicago Personal Injury Attorneys - Third Party Claims in Premises Liability

by Matthew Willens on Feb. 04, 2016

Accident & Injury Accident & Injury  Personal Injury Accident & Injury  Slip & Fall Accident 

Summary: For a premises liability case to be successful, the injured party must be able to prove how the defendant failed in their duty to keep them safe.

While Illinois law offers protection to a person who is injured on the property of someone else, it also provides protection to property owners from frivolous lawsuits.  For a premises liability case to be successful, the injured party must be able to prove how the defendant failed in their duty to keep them safe.  The law accepts the fact that there are some risks that the property owner may not have been aware of, and should not be held accountable for.  It is a good idea to speak with a Chicago personal injury attorney if you are injured on someone else’s property. Your lawyer can help you determine if you have a valid claim for compensation.

The first thing your attorney will want to do is hear all of the details surrounding your accident.  If there is a clear instance of negligence or recklessness on behalf of the property owner they will likely recommend filing a claim against them.  It is important to note, that in most cases, a personal injury claim is paid out by an insurance company.  So if your accident took place at a friend’s home don’t be hesitant about seeking the advice of an attorney.  They have homeowners insurance in place for a reason, and you should not be left with a large debt out of fear of forcing them to use it.

While looking over the facts about your case, your attorney is most interested in proving that the defendant was lax in their duty to protect you, either by placing you in risk of injury or not warning you of the existence of one.  If the risk was not foreseeable to the defense, then there is a good chance your claim will be rejected. However, it may still be possible that there was 3rd party involvement.  For example, suppose a Chicago shopper is knocked over and seriously injured by a delivery man pushing a loaded dolly.  A judge would find that the store owner could not have reasonably anticipated this happening, and in fact may not even have been aware of the delivery mans’ presence in the store.  In this instance a personal injury claim could be filed against the delivery man and his company.

Other instances where a 3rd party could be held responsible for an accident on the property of another is if the accident was caused by a structural defect that the owner was not aware of.  For instance, if a construction worker does not install a handrail properly and you fall as a result, the construction company could be liable for your injury if the property owner had no knowledge that the job was not carried out well. 

There are dozens of scenarios where a 3rd party could be held as the negligent party in your claim.  A qualified personal injury attorney can look over all of the facts with you and help you decide which is the best plan of action to take to help you recover your damages.

If you have been injured on someone else's property discuss your claim with an experienced attorney - Call (312) 957-4166 to schedule a free injury lawyer consultation with a top-rated attorney at Willens Law Offices.

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