Premises Liability Attorney in Bloomington

More Than 40 Years of Experience for Premises Liability Victims

When you’re injured on another person’s property, whether at a store, apartment complex, or public place, you may have the right to pursue compensation. Depending on the circumstances, an owner, occupier, or other responsible party may have a duty to use reasonable care to maintain safe conditions for guests and visitors. When that duty is breached, serious accidents can happen. At Haxel Law, we represent injury victims throughout Bloomington, IL, and surrounding communities, combining more than 40 years of experience with a firsthand understanding of how insurance companies evaluate and contest these claims.

Our documented premises-liability results include a restaurant customer injured in a poorly lit stairwell, a patron who suffered an arm injury in a store parking lot, and a department-store customer hurt by a hazardous restroom floor. If you’ve been hurt on unsafe premises, we can evaluate your claim, preserve evidence, and pursue compensation available under Illinois law.

Contact us today at (217) 215-4166 for a free consultation with our Bloomington premises liability attorneys.

What Is Premises Liability?

Premises liability refers to legal responsibility for injuries caused by unsafe property conditions. Depending on who controlled the property and the circumstances of the accident, an owner, occupier, business operator, landlord, property manager, maintenance contractor, or another party may be liable for damages.

This area of law applies to both residential and commercial properties, including:

• Retail stores and shopping malls
• Restaurants, bars, and hotels
• Apartment complexes and rental properties
• Private homes
• Office buildings
• Parking lots and sidewalks
• Public parks and recreation areas

Common types of premises liability

Common types of premises liability claims include:

• Slip and fall accidents caused by wet floors, poor lighting, or uneven surfaces
• Trip and fall accidents from loose carpeting, cracked pavement, or cluttered walkways
• Dog bites and animal attacks due to negligent pet owners
• Negligent security leading to assaults or robberies in unsafe buildings or parking areas
• Falling object injuries from unsafe shelving or poorly secured fixtures
• Swimming pool accidents caused by lack of supervision or missing safety barriers
• Fire and electrical injuries due to code violations or failure to maintain safe wiring

Illinois Premises Liability Laws

Under Illinois law, property owners generally must maintain their property in a reasonably safe condition, address hazardous conditions they knew or should have known about, and warn lawful visitors of dangers that are not open and obvious. The specific obligations depend on the facts of each situation, and conditions considered “open and obvious” can affect whether a duty was breached.

The Illinois Premises Liability Act generally replaced the former common-law distinction between invitees and licensees with a duty of reasonable care under the circumstances for lawful visitors. That duty isn’t absolute and depends on the facts of the case. Rules for trespassers are more limited, and property owners generally don’t owe adult trespassers a duty of care except in cases involving willful or wanton conduct. Special rules may apply to a child trespasser when a dangerous condition is likely to attract children.

A viable premises liability claim in Bloomington generally requires establishing:

1. The property owner owed you a duty of care.
2. The owner breached that duty through negligence or failure to act.
3. The breach directly caused your injury.
4. You suffered compensable damages as a result.

A Bloomington premises liability case filed in Illinois state court would generally proceed in the McLean County Circuit Court.

Compensation from a Premises Liability Claim

The damages available in a premises liability case depend on the severity of your injuries and how they’ve affected your life. We pursue compensation for both economic and non-economic losses when supported by the evidence.

Economic damages:

• Medical expenses: hospital bills, physical therapy, surgeries, and ongoing care
• Lost wages: time missed from work during recovery
• Loss of earning capacity: if your injuries prevent you from returning to your job or earning the same income
• Property damage: such as personal items damaged in the accident

Non-economic damages:

• Pain and suffering: physical pain and emotional trauma caused by the injury
• Loss of enjoyment of life: inability to participate in activities you once enjoyed
• Emotional distress: including anxiety, depression, or PTSD following a traumatic event

In cases involving gross negligence or willful misconduct, punitive damages may be available, though they aren’t awarded in every case and generally require conduct meeting a heightened legal standard. The value and availability of any damages depend on liability, injury severity, medical evidence, comparative fault, and other case-specific facts. We assess each claim, challenge unsupported insurance-company positions, and pursue settlement or litigation based on the evidence and your goals.