Second-Story Porch Collapse in Aurora, IL Injures Ten People

 Posted on December 13, 2024 in Premises Liability

A few months ago, ten people were injured, with seven of those hospitalized, following the collapse of a second-story apartment building porch. The ages of those injured in the accident ranged from one month to 31 years old. There were a number of serious injuries, but none were immediately life-threatening. Owners of the apartment declined to comment, and those on the scene could see no apparent reason for the collapse of the porch. The porch collapse blocked access to all upper-level apartments, forcing displaced residents to find other accommodations.

This type of accident is known as a premises liability accident. Property owners are generally liable for accidents caused by negligence, although the extent of that liability will depend on the type of visitor. If you have been injured as a result of owner negligence while on another’s property, you may be able to file a premises liability claim that will pay damages for your medical expenses, lost wages, and pain and suffering. Speaking to an experienced Chicago, IL premises liability attorney can be beneficial for you and your family.  

What Are the Different Types of Visitors to a Property?

There are three different types of visitors, which include:

• Invitees have a specific or implicit invitation to conduct business with the property owner, staff, or manager of the business. Consumers, contractors, business associates, and groundskeepers are generally considered invitees.
• Licensees are those invited onto a property for a social purpose. Neighbors, friends, and family members invited onto private property, or consumers, employees, etc., invited to public property for social purposes are considered licensees.
• Trespassers are those who enter a property without any type of invitation and, as such, rarely have a claim for injuries sustained on the property. The exceptions are children, when there is an "attractive nuisance" on the property, and when an owner attempts to purposefully harm trespassers.

"Consent" to enter the property could be written (letters, emails, texts, etc.), spoken (word-of-mouth, direct invitation, phone calls, conversations, etc.), or implied (neighbors crossing another’s property, family members visiting one another, patients visiting physicians, etc.). The highest duty of care is given to invitees of public businesses like grocery stores, restaurants, and retail stores, which have all issued an implicit invitation to come onto their property.  

How is Negligence Proven in a Premises Liability Claim?

Negligence is shown by proving the property owner had a duty of care, that the owner breached that duty of care, that the breach of duty of care led to injuries, and that the injuries led to damages. While it sounds simple enough, it can be much more complicated than it sounds. Property owners are required to make every reasonable effort to ensure visitors are not exposed to hazards.

If hazards exist, the owner is expected to address the hazard promptly and to warn visitors of the hazard until it is addressed. Addressing "foreseeable" harm requires constant attention to the property. As an example, if a shopper tracks in ice and snow from outside at the local grocery store, the owner, manager, or employees are expected to notice the slippery floor within a reasonable amount of time and either set up caution signs or clean the floor immediately.

What Damages Could I Be Entitled to for a Premises Liability Claim?

You are always entitled to medical expenses associated with your injuries once it is shown that the owner of the property is negligent. If you are unable to return to work because of your injuries, you are entitled to lost wages. If you cannot return to work for months or years, you are entitled to lost future wages. Finally, you are entitled to pain and suffering, both physical pain and emotional trauma, related to the accident.

Contact a Chicago, IL Premises Liability Lawyer

Being injured on another’s property as a result of negligence can be devastating. You may have serious injuries that prevent you from returning to work and medical expenses that are mounting alarmingly. You need an experienced Chicago, IL premises liability attorney from Winters Salzetta O'Brien & Richardson, LLC to help you obtain a fair and full settlement. Call 312-236-6324 to schedule your free consultation.