While slip and fall cases are the most widely recognized type of premises liability, this area of tort law covers a broad range of incidents that can stem from negligence surrounding a number of factors including snow and ice hazards, inadequate security, and sinkholes.

Determining Liability in a Premises Liability Claim

Premises liability holds a property owner accountable for injury or death that occurs on their property due to negligence or unsafe conditions. However, not every accident that occurs on another person’s property is eligible for legal compensation. In order for the property owner to be considered liable, the claimant must be able to prove:

• The defendant owns, leases, or occupies the property.
• The plaintiff was a lawful visitor.
• The defendant acted with negligence or did not uphold their duty of care.
• The plaintiff was injured on the property
• The defendant’s negligence directly caused the plaintiff’s injuries.

There are numerous legal nuances that any single premises liability case can include. In the event of an incident, it is important to speak to an experienced premises liability accident attorney immediately to help you determine where the fault lies and how to proceed with your potential claim.

Like many personal injury cases, there is always the potential to have multiple defendants in a premises liability case. In Illinois, shared liability plays a role in many instances of share responsibility on a single property. Renters of privately-owned residential properties can potentially share the responsibility of ensuring safe conditions on the property and the negligence of unresolved hazards that result in injury. Likewise, accidents such as slip and falls or snow and ice cases on commercial properties such as apartment complexes, strip malls, or office parks, may involve the negligence of third-party management or maintenance companies. Depending on the specifics of each case, these third-party groups may absorb some or all of the fault.

Illinois premises liability law is also unique in the fact that a property owner can be doing all the right things, and still lose a premises liability claim.

What is a Property Owner’s Duty?

Property owners are responsible for maintaining their property in a reasonably safe condition for visitors including family, friends, and neighbors as well as people who have the property owner’s implied permission to enter the property for their own purposes such as sales representatives or utility workers. In premises liability cases it can be difficult to determine if this responsibility was breached without careful consideration of the specific circumstances of the incident.

Proof of Notice

Premises liability cases are formed on the basis of negligence, meaning injured parties must prove that a property owner failed to exercise reasonable care through notice of known hazards and defects.

A premises liability case can be presented by two types of notice:

• Actual notice refers to direct knowledge of a defect or hazard such as a spill that the property owner or an employee knew about because they saw it or were told about it. Negligence exists if they acknowledge the issue but take no action to fix it.
• Constructive notice refers to indirect knowledge of a defect or hazard that can be proven by issues that have been apparent for a sufficient amount of time, or happen routinely, such as a leak that occurs when it rains and causes a slippery surface, and would have been found if the property owner or employees were correctly monitoring the property and doing their job.
• If the hazard was created by the defendant, there is no need to prove notice.

Illinois Attractive Nuisance Laws

In Illinois, property owners must be aware of structures or items on their property that might appeal to a child yet present safety concerns that a child might not recognize. Attractive nuisances such as unfenced swimming pools, broken playground equipment, or construction equipment are all examples of hazards that might entice a child to play. If a child accesses property and is injured, the property owner may be liable for damages.

Common Causes of Premises Liability Accidents

Serious premises liability cases are unfortunately all too common and arise from a lack of proper warning signage, defective designs in buildings, and property owner’s failure to maintain dangerous areas, among many other scenarios. Each case is unique and requires an investigation of the property, a detailed exploration of evidence, and interviewing witnesses.

Some common situations that may give rise to premises liability lawsuits include:

• Broken staircases or porches
• Uneven sidewalks, mats, or rugs
• Cluttered walking paths
• Damaged thresholds
• Dangerous property
• Elevator and escalator accidents
• Ice and snow accumulation
• Inadequate maintenance
• Injury in a swimming pool
• Negligent or inadequate security
• Restaurant liability
• Sinkholes
• Slip and fall accidents
• Store liability
• Tripping hazards like unsecured floorboards, carpets, stairs, or steps
• Unmarked wet floors

Contact Our Illinois Premises Liability Attorneys

Injuries resulting from property hazards can be serious and have devastating repercussions for those involved. The personal injury attorneys at Clifford Law Offices have decades of experience helping people recover damages for injuries and wrongful death claims resulting from the actions of negligent property owners. Our attorneys have experience in all types of personal injury cases and premises liability lawsuits, and we know how to handle your case efficiently.

If you’ve suffered an injury due to a property owner’s failure to maintain their premises, contact Clifford Law Offices to discuss the details of your case with one of our attorneys and learn what options are available to you. It is our goal to help you receive the highest possible compensation for your injuries.

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Click below to hear Bob speak about the liability of those who operate activities like amusement parks, parasailing, and hot air balloons and how you can avoid getting hurt.

The post Robert A. Clifford Interviewed on WGN Radio appeared first on Clifford Law Offices.

Halloween Costume Safety

Children are ecstatic to select a Halloween costume each year and dress up as their favorite characters, but there are several things to keep in mind as you plan out your Halloween wear:

• Select costumes that are made of fire-resistant material.
• Avoid masks that restrict vision.
• Make sure outfits fit well, and do not have any dragging pieces that may inhibit walking or running, or cause tripping.
• Use non-toxic makeup and be sure to remove it completely before going to bed to prevent skin irritation.
• Wash hands completely before using or removing colored contact lenses.

Halloween Pedestrian Safety

On Halloween, kids are twice as likely to be hit by a car than on any other day of the year. Exercise caution while walking with your children and make sure older children who venture on their own are aware of risks.

• Cross at intersections with crosswalks and traffic lights.
• Wear or hold a flashlight, glow sticks, or reflective tape after dark.
• Stay on the sidewalks, along paths, and check driveways before crossing.
• Plan a direct route with the fewest possible street crossings.

Halloween Teen Safety

Halloween is a fun holiday for all ages. Teenagers often look forward to a night out with their friends, an abundance of sweets, and enjoying some independence. If your teenager is going trick-or-treating with their friends, plan to speak with them about safety concerns in advance.

• Agree on a curfew and check-in times to call or text.
• Teach your child to never go into a car or a house with a stranger and how to call for help if approached.
• Plan a route with your teen and walk it ahead of time.
• If your teen is attending a party, speak to the host parents to make sure it is chaperoned.
• Speak with your teen about alcohol and drugs and what to do if they are offered anything.
• Be available to pick up your teen if needed.

Halloween Safety While Driving

With an influx of pedestrian traffic it is important for drivers to be vigilant of their surroundings on Halloween, especially as evening approaches and more people begin trick-or-treating.

• Stay alert, and stay off electronic devices.
• Slow down, especially in neighborhoods.
• Enter and exit driveways, side streets, and parking lots with an abundance of caution.
• Keep in mind that popular trick-or-treat hours are between 5-9pm.

Halloween Safety and Covid 19

While in the midst of a pandemic, many parents still have concerns about holiday gatherings. CDC Director Rochelle Walensky said in an interview on September 26, that while parents should exercise caution, it is generally safe to be trick-or-treating.

• Plan to stay in small groups and avoid large gatherings.
• Open-air venues remain the best option.
• Trunk-or-treating* is an alternative to trick-or-treating and is typically done in more of a controlled, outdoor environment.

Use these tips to enjoy a safe and fun Halloween with your family.

*Trunk-or-treating is when communities organize in a designated space so that children can trick-or-treat out of decorated trunks of cars, wagons or golf carts.

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• Broken staircases
• Children on property
• Cluttered walking paths
• Damaged thresholds
• Dangerous property
• Elevator and escalator accidents
• Ice and snow accumulation
• Inadequate maintenance
• Injury in a swimming pool
• Negligent or inadequate security
• Restaurant liability
• Sinkholes
• Slip and fall accidents
• Store liability
• Tripping hazards like unsecured floorboards, carpets, stairs, or steps
• Unmarked wet floors

If you’ve been injured on someone else’s property, call us at (312) 899-9090. The attorneys at Clifford Law Offices have experience handling civil claims.

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In a unanimous opinion written by Justice Fitzgerald Smith, the appellate court affirmed the decision of the trial court that “the arbitration provision was effectively ‘hidden in a maze of fine print, unable to be appreciated by the Plaintiff,’” as stated by the trial court. Justices Terrence Lavin and Aurelia Pucinkski affirmed the opinion on the First District panel.

Laiah Zuniga, 28, attended the Chicago Cubs game on Aug. 28, 2018, when a foul ball struck her in the face, knocking her unconscious, creating permanent and severe head and facial injuries. MLB had announced earlier that year that all 30 stadiums would have netting that reached the far end of each dugout.

Zuniga sued MLB for negligence after obtaining the ticket to the game from her father after he won it at a raffle. She said she never read any fine print on the ticket or visited the Cubs website regarding any language regarding injuries sustained at the ballpark.

The appellate court held that “factors exist in this case that make the arbitration provision difficult or onerous to find or obtain at the time of using the ticket such that we cannot fairly say that the plaintiff was aware of what she was agreeing to. Principal among these factors is the fact that the paper ticket possessed by the plaintiff did not contain the actual terms and conditions of the contract, but merely contained a summary of the terms and conditions and informed ticket holders that they had to either access a website or visit the Cub’s administrative offices to obtain and read the full terms and conditions they were purportedly agreeing to, including the 8-paragraph arbitration provision.”

The appellate court went on to say that to access this language, one must have a cellular device, internet connection and the ability to read it likely when entering the stadium amidst a great deal of commotion which, when printed is four and a half single spaced pages.

“The likelihood that a ticket holder will actually find, obtain, and read the full arbitration provision by accessing the Cubs’ website or visiting the administrative office is diminished even further by the fact that minimal effort is made on the ticket itself to draw a ticket holder’s attention to the need to do one of these things in order to understand that they are agreeing to binding arbitration by using the ticket to enter Wrigley Field.”

Tracy Brammeier, associate at Clifford Law Offices, is handling this matter at the firm and successfully argued the matter before the Illinois Appellate Court.

For further information, please contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell).

The post Clifford Law Offices Scores Victory Against MLB in Appellate Court for Woman Hit in Face by Foul Ball appeared first on Clifford Law Offices.

Bradley M. Cosgrove, partner, Charles R. Haskins and Tracy A. Brammeier, associates, obtained the verdict on behalf of the family of six-year-old Michal Duda who drowned while unsupervised at a south suburban summer camp in 2014. Camp counselors were aware that the child was a non-swimmer.

“Justice has once again been done for this family,” Cosgrove said. “Although nothing will bring back little Michal, the courts have demonstrated parties who commit wrongful acts must be held accountable.”

The 38-page appellate court opinion was authored by Justice Bertina Lampkin.

Case: Kolodziej v. Justice Park District, Village of Justice, Bridgeview Park District and Village of Bridgeview. 2020 IL App. (1st) 191032-U, No. 1-19-1032 (4th Division)

For further information, please contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell).

The post Illinois Appellate Court Unanimously Affirms Clifford Law Offices $21.5 Million Verdict in Child Drowning Case appeared first on Clifford Law Offices.

Clifford Law Offices is listed in the following:

Top 10 Premises Liability Verdicts in the United States in 2018

#10
Amount: $21,500,000.00
Attorneys: Robert A. Clifford, Bradley M. Cosgrove, Charles R. Haskins, and Tracy A. Brammeier
Case: Estate of M.D. v. Justice Park District, et al.

Verdict on behalf of a family whose son drowned on a weekly trip to the Bridgeview Park District Pool. The verdict was the highest for a drowning in the state of Illinois. It was also the highest in the state for the death of a minor excluding medical malpractice and child abuse cases.

Top 10 Verdicts in Illinois in 2018

#7
Amount: $21,500,000.00
Attorneys: Robert A. Clifford, Bradley M. Cosgrove, and Charles R. Haskins
Case: Estate of M.D. v. Justice Park District, et al.

Verdict on behalf of a family whose son drowned on a weekly trip to the Bridgeview Park District Pool. The verdict was the highest for a drowning in the state of Illinois. It was also the highest in the state for the death of a minor excluding medical malpractice and child abuse cases.

Top 50 Wrongful Death Verdicts in the United States in 2018

#26
Amount: $21,500,000.00
Attorneys: Robert A. Clifford, Bradley M. Cosgrove, and Charles R. Haskins
Case: Estate of M.D. v. Justice Park District, et al.

Verdict on behalf of a family whose son drowned on a weekly trip to the Bridgeview Park District Pool. The verdict was the highest for a drowning in the state of Illinois. It was also the highest in the state for the death of a minor excluding medical malpractice and child abuse cases.

Top 20 Settlements in Illinois in 2018

#12
Amount: $6,000,000.00
Attorneys: Robert A. Clifford, Kevin P. Durkin, and Henry R. Simmons
Case: Estate of Coath v. Chicago Transit Authority, et al.

The children of a woman killed by a CTA bus that police said ran a red light at Michigan Avenue filed a wrongful death lawsuit against the driver and the agency.

Top 50 Wrongful Death Settlements in the United States in 2018

#21
Amount: $6,000,000.00
Attorneys: Robert A. Clifford, Kevin P. Durkin, and Henry R. Simmons
Case: Estate of Coath v. Chicago Transit Authority, et al.

The children of a woman killed by a CTA bus that police said ran a red light at Michigan Avenue filed a wrongful death lawsuit against the driver and the agency.

Clifford Law Offices prides itself on tackling complex cases and seeing them through to the end. Our commitment to these difficult cases has led to many notable verdicts and settlements — many of them record-setting — in a variety of practice areas.

To view more of our verdicts and settlements, please click here.

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