Property Owner’s Duty of Care

What is Duty of Care?

Simply put, duty of care is the duty owed to the entrants of a premises from the owner or occupier of said premises. In Illinois there is no legal distinction between invitees and licensees. Both are owed the same duty of care, which simply involves exercising ordinary care to keep the premises safe.

Adult trespassers are owed no duty of care except that they should not be subjected to willful injury (such as a booby-trap).

Types of Property

Homeowners have a duty to make their homes safe for visitors and anyone visiting the property for business purposes. Store owners must make certain the premises are safe for shoppers, keeping aisles clear of clutter and debris, maintaining security staff to prevent violent incidents, and keeping stock piles secured so they cannot injure customers.

Landowners need to ensure the land is safe for the purpose it is intended for, whether it is a golf course or a soccer field, and business owners must keep their buildings structurally sound and safe from causing injuries.

Breach of Duty of Care Resulting in Injury

When a property owner (or occupier) does not keep up his or her property in a normal and reasonable manner, resulting in a hazardous condition, it may be considered a breach of duty of care, which in plain English means negligence. When this hazardous condition results in a visitor being injured, the property owner (or occupier) may be held liable for those injuries.

If you or a member of your family has been injured because of an unsafe condition on another’s property, it is time to reach out to a qualified premises liability lawyer who can help you understand your legal rights.

Shea Law Group

At Shea Law Group, we have handled thousands of personal injury cases, and many of them involved injuries sustained due to the negligence of a property owner. You may hesitate to contact a Chicago personal injury attorney when you have been injured on the premises of a friend of family member; however, you may find it necessary when the medical bills begin to pile up. Furthermore, many of these claims are paid directly by the responsible party’s insurance company, costing the property owner very little, if anything.

If you have been injured, you owe it to yourself and your family to be informed of your rights. Give us a call to book your free consultation today at (877)-365-0040.