Wrongful Death Caused by Premises Liability | Illinois Lawyer
When a wrongful death occurs on someone else’s property in Illinois, premises liability laws usually apply. A wrongful death caused by premises liability can be a tragedy that’s difficult to bear for the family involved. What’s more, pursuing legal action on behalf of your deceased loved one can be overwhelming while you’re in the process of grieving.
To get justice for your loved one, it’s important to talk to a wrongful death lawyer serving Illinois. An attorney can review your case and help you understand the best path to victory. Illinois attorney Jesse Guerra is a dedicated legal professional who cares about getting families the compensation they deserve after the negligence of another caused their loved one’s death.First, What is Premises Liability?
Premises liability is a legal concept that revolves around cases in which someone is injured or killed by some hazardous condition on another person’s property. Winning a premises liability case requires the plaintiff to prove that the property owner was negligent.
Every property owner owes a reasonable amount of responsibility to others on their property, but the extent of that duty of care depends on what category the visitor or “entrant” falls under. In Illinois, the level of care a property owner owes an entrant is divided into two categories: licensees and invitees on the one hand, and trespassers on the other.
To learn more about how these distinctions could affect your case, talk to an experienced lawyer.Common Causes of Death Involving Premises Liability
Whenever anyone is on another’s property, there’s the potential to be injured if you aren’t careful or if the property owner is negligent. Premises liability applies to an array of different scenarios, but the following are some of the most common:
- Swimming pool accident
- Missing or negligent security
- Slip and fall injury
- Building collapse
- Electrical fire
- Harmful chemical/toxin exposure
- Attacks or assaults
- Violations of building and housing codes
- Uneven surfaces
- Fire, smoke, and explosions
There are countless other wrongful deaths that could involve premises liability. No matter what happened, it’s best to let a personal injury attorney in Illinois review your case to determine whether your case will involve premises liability.Proving a Wrongful Death Case
The crux of a wrongful death case is whether you and your wrongful death lawyer serving Illinois can prove that the property owner was negligent, and their negligence resulted in the death of your loved one. To win your wrongful death case, you’ll have to prove the following key elements:
- The property owner owed a duty of care to the decedent
- They breached that duty of care through their negligence (i.e. they did not act reasonably as another property owner under the same circumstances would have)
- Their negligence directly caused the death of your loved one
- You suffered damages and deserve to be compensated for your losses caused by the negligent party
In a wrongful death case, you have to hold the negligent party responsible. There are a few parties that may be liable in a wrongful death case involving premises liability:
- The property owner - In most circumstances, the property owner will be potentially liable.
- The occupier - Businesses who rent or lease property owe their clients a duty of care. When a store’s negligence is the cause of the accident, the renter, not the property owner, would be the responsible party.
- The maintenance contractor - Many company’s outsource maintenance and upkeep of their property. If these contractors do not do their job properly and it leads to a wrongful death, they may be held responsible.
After the wrongful death of a loved one, it’s important to consult a personal injury attorney in Illinois. Illinois attorney Jesse Guerra can fight to get you justice. He has years of experience serving others just like yourself, which you can learn more about here. Call today at 1-800-555-0101 to schedule your free consultation.