In a premises liability lawsuit, the plaintiff is suing the defendant, who is typically a property or business owner, for the injuries and damages that they suffered due to their negligence. This negligence is based off of the proof that the defendant knew or should have known of a dangerous condition or risk on their property and failed to take the proper measures to keep others safe from it or warn them.
To make a claim for premises liability, you should fall into one of two categories: invitees or licensees. Invitees are a type of entrant that comes to the owner’s property for the owner’s benefit. They could be shoppers at a store or people hired to do work on the property. Licensees are people that come to the premises for their own benefit. They could be friends, family, neighbors, and the like. In Illinois, both of these types of entrants are owed the same high duty of care by the property owner whilst on the property. If you are able to show that the risk was foreseeable, or the owner should have known about it, failed to fix or do away with the risk (breached their duty), and you were injured from it, they will likely be found liable for negligence.
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