What are the elements of a premises liability case?

On Behalf of | Nov 29, 2022 | Personal Injury

If you have suffered an injury on someone else’s property, you may have a claim for premises liability. You might be able to get damages from a court to pay for your expenses related to the injury.

However, to make a proper claim for premises liability, you have to prove certain elements required under Illinois law.


You will have to show there was a hazardous condition existing on the property. This situation could be anything from an obvious issue, such as a pile of scrap metal left in the open, or less obvious, such as a swimming pool without restricted access. In any case, the condition must have presented a danger to people on the property.


You also must prove that the property owner was aware of the condition. For example, if you fell into a hole, you will have to show that the owner knew the hole was there or should have been aware of it.


You will need to show that the owner failed to take steps to limit the hazard or address it. For example, in the situation of a swimming pool, the owner should have known it could be dangerous and put proper fencing and gates around it to limit access to only those with permission.


Finally, you have to show you suffered injuries due to the dangerous condition. You will need to provide medical documentation linking your injury to the accident you had on the property.

Under the law, you must prove all elements. If you cannot do this, then you may have a hard time winning your case.

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