Property owners have more to worry about than just their own safety and the safety of the property. They also have to worry about the safety of other people who come on their land, sometimes even when a third party causes an injury.
Illinois premises liability claims are governed by the Premises Liability Act. The Act describes the duties owed by owners and occupiers of land. In Illinois, an “invitee” is a class of persons who go on the property of another for a purpose connected with the owner’s business or for an activity permitted by the owner on the premises. However, under Illinois law, owners and occupiers of land are not the insurers of the safety of people who come on the premises. Rather, the property owners owe a duty of “reasonable care” to them.
Generally, in order to hold a property owner liable, a plaintiff must show that a condition presented a risk of harm, the owner knew or should have known about the condition and its risk, the owner should have expected that people on the premises would fail to recognize the danger or protect themselves, the owner was negligent in some way, the plaintiff was injured, and the injury was caused by the property’s condition. As a result, landowners may have a duty to take measures to protect people who come on the property or to warn them of risks. Sometimes a risk is so obvious that an owner does not need to warn people about it, but it depends on the specific situation. A recent case in Ohio is an example of a case in which a grocery store failed to adequately warn or instruct its customers on how to use its grocery carts safely.
Woman Hit by Grocery Cart Receives $1.2 Million
According to one news source, a jury awarded $1.2 million to a woman who was hit by a grocery cart. In 2012, another customer lost control of a motorized grocery cart at a grocery store in Ohio and struck the woman. The woman, who was 71 years old, was thrown four feet and hit her head on a shelf. She suffered from head and neck injuries as a result.
The woman argued that the grocery store neglected to show customers how to use the motorized carts. The lawsuit also alleged that the company had a history of negligent behavior in failing to provide its customers with instructions for the use of motorized carts in its stores. The woman’s lawyers presented evidence showing that there were 119 accidents involving motorized carts in the company’s stores over a nine-year period. Ultimately, the jury agreed with the woman and awarded her damages for her injuries, based on the company’s negligent behavior.
Have You Been Injured on the Premises of a Business?
If you or a loved one has been injured in a slip-and-fall accident, you may be able to receive compensation for your injuries. The Chicago injury attorneys at Moll Law Group represent individuals who have been in accidents and families who have lost a loved one to an untimely death. Our attorneys understand how important it is that you obtain compensation for your harm. Damages you can receive may include medical bills, property damage, lost income, and pain and suffering. Use our online form or call us at 312-462-1700 to arrange a free consultation.
See More Posts:
State Court Adopts Continuing Course of Treatment Doctrine, Potentially Extending Statute of Limitations in Some Medical Malpractice Cases, Illinois Injury Lawyer Blog, October 5, 2016.
Defendant Allowed to Reopen Case After Filing Response Seven Months Late, Illinois Injury Lawyer Blog, September 16, 2016.
Court Determines that Land Surveyors Are Considered “Professionals” for Negligence Claims, Illinois Injury Lawyer Blog, September 30, 2016.