Duty of Care in Chicago Premises Liability Cases

The liability of a landowner is determined by the relationship that exists between the landowner and the injured person. Liability considers how that relationship imposes a duty on the landowner to act reasonably for the protection of the injured party.

The factors included when analyzing the duty in Chicago premises liability cases are the foresee-ability of the injury; the magnitude of the burden to guard against the injury, and finally the consequences of placing the burden on the landowner. If you would like a better understanding of the obligations of landowners, contact an experienced premises liability lawyer.

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Protecting Against Dangerous Conditions

Certain circumstances may create a duty on a landowner or occupier of land to protect a person on their land. First, if the dangerous condition is difficult to perceive. This includes a difficulty in perceiving elevation change.

The Premises Liability Act in Illinois states that the duty owned by a landowner or occupier of land to a person on the land is that of a reasonable care under the circumstances regarding the state of the premises or acts done or committed on them.

Dealing with Obvious Risks

An owner or occupier of land has no affirmative duty to paint, stripe or otherwise mark certain property. For example: somebody standing in a boat as it approaches a dock. It can open an obvious risk that the boat is going to stop and be unstable and they may fall. Standing on the tarmac at an airport while planes land without ear protection; another obvious risk impacting the duty of care in a Chicago premises liability case.

Because an open and obvious danger exists that an adult could perceive, they have their own duty to protect themselves.

Role of a Bystander in Chicago premises liability cases

An owner or occupier of land may be liable for injuries that occur outside of a land that results from objects falling from the land. The liability begins when the owner knew or should have known that people drop objects off of the property and could potentially cause injury; but the owner or occupant of the land duty exists only if the occurrence was reasonably foreseeable.

There have been premises liability cases in Chicago where there have high-rise buildings in the winter that will become covered in ice and snow. At times, sheets of ice will fall off the buildings. If the landowner knows about the falling ice, they have a duty to warn and protect people. Comprehending the appropriate regulations in Chicago premises liability cases is important moving forward in a case.

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