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IL defense lawyerWhen it comes to premises liability in Illinois, the duty of care that property owners owe those who are on their property changes in certain situations. The level of liability you have to an occupant on your property depends on whether or not the person was a trespasser on your property. If the person was lawfully on your property, you have the responsibility of exercising ordinary care to ensure the property is reasonably safe. If the person is a trespasser, you are only responsible for refraining from willful or wanton conduct. When it comes to a child trespasser, the rules are slightly different.

What is the “Attractive Nuisance” Doctrine?

When it comes to children trespassers, the laws pertaining to the property owner’s duty of care are slightly different. Rather than having strict liability, a property owner can be accused of negligence if they knew or should have reasonably known that there was a condition present on their property that posed a risk of injury to children. The reason why there is a difference in how adult and child trespassers are treated is that children often do not have the ability to recognize certain hazards or understand the consequences of their actions.

The property owner has the responsibility of anticipating that a child could trespass and become hurt because of a condition that existed on their property. The Illinois Civil Jury Instructions state that the degree to which the property owner will be held responsible depends on the risk of injury to the child relative to the cost or inconvenience to remedy the dangerous condition that was present on the property. If the cost or inconvenience to remedy the condition is minimal, the property owner has a duty to do so.

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Il accident lawyerAccidents are called accidents for a reason -- they happen unexpectedly. When it comes to accidents that occur on private property in Illinois, accidents can range from slipping on ice and snow in the winter to drowning in a swimming pool. Premises liability is the idea that property owners are responsible for accidents that occur on their property. The Illinois Premises Liability Act contains information about responsibility and negligence when it comes to maintaining property and allows those who are injured on another’s property to pursue compensation.

Owner Responsibilities

The Premises Liability Act states that property owners have a duty to those who are on their property to take “reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.” This means that property owners are required to ensure their property is physically safe for others to be on. It also means that property owners are responsible for overseeing the acts of others while they are on their property.

Elements of a Successful Premises Liability Case

If you have been hurt while on another’s property, you may have grounds for a premises liability lawsuit. There are certain elements that must be present in order to have a successful outcome of a premises liability case. To win a premises liability case, you must prove that:

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IL injury lawyerCar accidents can be deadly events. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 37,000 Americans killed in traffic crashes in 2017. Even in traffic crashes that did not involve a fatality, there were more than 2.7 million people injured in traffic crashes in 2017. Depending on the factors surrounding the accident, injuries range from bruises and superficial cuts to internal bleeding and traumatic brain injuries. One of the most common traumatic brain injuries resulting from car accidents are concussions.

What Is a Concussion?

A concussion is a type of traumatic brain injury that occurs when the brain is jostled and the fragile tissue of the brain hits the walls of the skull. This commonly occurs when a person sustains a blow to the head, but violent shaking of the head and/or upper body can also result in a concussion. Symptoms can appear right away or they can take time to develop. Symptoms typically dissipate, but it can take days, weeks or even longer for that to happen.

Signs of a Concussion

There are quite a few symptoms that can manifest if you are suffering from a concussion. Some can be obvious and others are not so obvious. Here are a few warning signs you may be experiencing a concussion:

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IL accident lawyerNow that the weather is getting warmer and more people are partaking in outdoor activities, motorcycle riders everywhere are rejoicing and getting their bikes out to take them for a spin. For many people, riding a motorcycle is thrilling and not just a hobby, but a way of life. Unfortunately, riding a motorcycle can also be dangerous. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are around 28 times more likely to die in a motor vehicle accident than passenger car occupants. In 2016, there were over 5,000 motorcyclists killed in motor vehicle accidents. Understanding the common causes of motorcycle accidents can help you make sure you keep yourself as safe as possible while on your bike.

Not Knowing Your Bike Well Enough

Before you set out on the open road, you should make sure that you are comfortable handling your bike. Riding a motorcycle safely takes a lot of skill, patience, and practice. The NHTSA states that about a third of motorcyclists killed in crashes are either improperly license to ride a motorcycle or not licensed at all. Before you take your bike out onto the road, try practicing in a parking lot or a road that is not very busy.

Being Under the Influence While Riding

Another major factor in a lot of motorcycle crashes is alcohol. According to the NHTSA, 25 percent of motorcyclists who were involved in fatal crashes in 2016 were alcohol-impaired, which is more than drivers of any other vehicle type. Driving anything while under the influence of drugs or alcohol is never OK.

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IL injury lawyerAt some point during the day, everyone is a pedestrian. If you are not in your vehicle and you are walking, you are a pedestrian. According to the National Highway Traffic Safety Administration (NHTSA), a pedestrian includes anyone who is walking, running, jogging, sitting or lying down. Being a pedestrian involved in a traffic accident can be extremely dangerous. Serious and sometimes even fatal injuries can occur when vehicles hit pedestrians. The NHTSA has reported that there were nearly 6,000 pedestrians that died in fatal traffic crashes in 2016. Fortunately, there are things that both drivers and pedestrians can do to reduce the number of pedestrian accidents.

Safety Tips for Drivers

Many times, it is not the pedestrian’s fault that an accident occurred -- most of the fault is placed on the driver. Here are a few tips to help drivers prevent pedestrian accidents:

  • Keep your eyes on the road at all time. Pedestrians do not always act predictably, but you should always be on the lookout for pedestrians, especially in densely populated areas;
  • Always yield to pedestrians, no matter if they are in a crosswalk or not. Pedestrians always have the right of way, so you should always allow them to cross the road;
  • If weather conditions are bad, be extra cautious. If it is difficult for you to see other vehicles, it will also probably be difficult for you to see pedestrians;
  • Always follow the speed limit. Speed limits are posted for a reason -- to keep people safe. If you are speeding and you get into an accident, you could get into trouble.

Safety Tips for Pedestrians

The responsibility for preventing pedestrian accidents is not always on the drivers. Here are ways pedestrians can do their part to prevent pedestrian accidents:

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