Understanding the Illinois Premises Liability Act

 Posted on July 31, 2019 in Personal Injury

Any property owner, whether they own a residential home or a large-scale business, is required to keep that property reasonably safe. Any visitor to the property should not feel in danger of harm due to poor property maintenance or unorganized conditions, perhaps even a dog bite. If you have suffered an injury on someone else’s property, you may have a case under the Illinois Premises Liability Act. Premises liability law affects both property owners and those who become injured.

Invitees vs. Licensees

Prior to the 1995 amendment to the Illinois Premises Liability Act, those who would visit a property were defined separately as either invitees or licensees:

• Invitee: a person who visits the property for the benefit of the owner of that property (e.g. guests were invited over for party)
• Licensee: guests are visiting the property for their own amusement (e.g. patrons of an arcade)

Prior to the amendment, invitees and licensees were offered different protections when on a person’s or business’ property. After the amendment was enacted, both invitees and licensees should expect to be reasonably safe, no matter what type of property they are on, whether business or personal.

Child vs. Adult Trespassers

An adult that trespasses on your property, whether personal or commercial, is not covered by the Illinois Premises Liability Act. The Premises Liability Act would come into play should the property owner take action, however, that then puts the trespasser at risk for harm.

Minors, even if they are trespassing, are protected by the Premises Liability Act. If a child is injured while on your property, you may be held liable if it is found you did not take measures to make the property reasonably safe.

Property for Recreational Use

Many residents, especially in Cook County, love to enjoy their outdoor property for fun outdoor activities. If you decide to open up an area of land to be used as either a firearm range or for use by off-road vehicles, you are protected in many ways.

For example, because you are not the sole user of the property you most likely will not be held responsible for nuisance or noise complaints. However, there are requirements you must meet, as the property owner, to help keep the area safe for those who decide to use the land.

Hire an Orland Park Personal Injury Attorney

If you have sustained an injury while on someone else’s property or if someone was injured on your own property, it is vital that you understand what your responsibilities are. Schwartz Injury Law is ready to hear your case and represent you, if needed, in court and to stand up for your rights as either a property owner or a visitor to a property. Contact an experienced Will County premises liability lawyer at Schwartz Injury Law today. Call 708-888-2160 to schedule your free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57

https://via.library.depaul.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=2210&context=law-review

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/120.00.pdf