What Makes a Premises Liability Case Viable in Illinois?

Not every fall leads to a lawsuit, and not every dog bite leads to liability. Under Illinois law, a premises liability case must meet certain legal thresholds, and many cases are lost not on the facts but on the failure to meet procedural and evidentiary standards.

At Birg Injury Law, we approach these cases by focusing on what the law actually requires, not just what “feels unfair.”

To succeed in a premises liability claim in Illinois, you must establish:

1. Duty of Care – The defendant must have owed a duty to keep the property reasonably safe for lawful visitors. Invitees and licensees are treated differently from trespassers.

2. Knowledge of Hazard – You must show the property owner knew, or should have known, about the dangerous condition and failed to act within a reasonable time.

3. Causation – There must be a direct connection between the condition and the injury.

4. Damages – Injuries must be medically documented and tied to the event.

We frequently encounter defense strategies involving “open and obvious” doctrine, contributory fault, or challenging notice. That’s why early investigation is key. If you slipped on a wet floor at a grocery store, for example, was there a spill log? A camera angle? Were warning signs posted?

These facts, often overlooked early, make or break a case later.

We’ve successfully litigated cases involving:

• Icy walkways at apartment buildings where management failed to salt.

• Inadequate lighting in stairwells results in falls.

• Dog attacks involving unleashed pets on private property.

• Assaults are due to a lack of security at commercial venues.

These aren’t template claims. They require knowledge of both the law and the practical standards in different types of property ownership.

If you’ve been injured on someone else’s property, don’t assume you have a case — and don’t assume you don’t. Talk to a lawyer who knows how to assess the real viability of the claim.