The Responsibility of Property Owners in Premises Liability Cases

 Posted on September 25, 2025 in Premises Liability

If you are injured on somebody else’s property, the property owner could be responsible for paying for your damages. However, establishing that the property owner acted negligently is not an easy feat. Proving the property owner’s liability will require a detailed investigation and hard evidence, which an Orland Park, IL personal injury attorney can help with.

At the Law Office of J. Francis Barker, P.C., no case is too big or small for our firm. Attorney Jaime Barker devotes all of his attention and resources to helping clients one-on-one in personal injury claims, including premises liability cases.

Property Owners Must Address All Known Hazards

In Illinois, property owners have a responsibility to take care of all known hazards on their premises. Examples of known hazards may include:

• Wet floors

• A broken stair or floor tile

• Poor lighting

• Hazardous chemicals

• Defective equipment

Property owners do not necessarily have to fix these issues right away. However, they must take steps to address the hazard and protect people on the property by putting up warnings. Failing to warn a visitor of a known hazard could expose the property owner to claims and lawsuits.

Under state law, property owners do not have to warn visitors about "open and obvious" hazards. Also, property owners cannot be held liable for any injuries caused by the misuse of the premises (740 ILCS 130/2).

Property Owners Must Protect Invitees and Licensees

Some states extend different protections for visitors in various contexts. The term "invitee" is used to describe a visitor who is on the property owner’s premises for business reasons. "Licensees" are visitors who have been allowed onto a property owner’s premises for social purposes.

In Illinois, property owners owe the same duty of reasonable care to both invitees and licensees. To hold the property owner liable, you must prove all of the following:

• The property owner owed you a duty of care as a lawful visitor

• You suffered an injury due to the property owner’s negligence

• Your injury resulted in damages

Are Trespassers Owed a Duty of Care?

If you are not lawfully allowed on a property owner’s premises, you are considered a trespasser. This is an important distinction, since property owners do not owe a duty of care to trespassers.

While property owners do not owe a duty of care to trespassers, they must still refrain from going out of their way to injure them. Specifically, property owners cannot engage in "willful or wanton" conduct endangering trespassers. If the property owner alleges that you were not permitted to be on the premises, it could jeopardize your claim. Our attorney can stand up for you in negotiations, and if necessary, we can pursue litigation on your behalf.

There are notable exceptions to this rule, however. Property owners have a duty of care to child trespassers, especially if there is something on the premises that would draw them in, such as a swimming pool. In these cases, property owners must take safety precautions to stop child trespassers from getting hurt, like putting up a fence and signs to deter them. If the property owner is aware of frequent trespassers, he or she must also take reasonable measures to avoid causing injury.

Contact an Orland Park, IL Premises Liability Lawyer

If you have been hurt on somebody else’s property, you may be able to seek a remedy for your damages. At the Law Office of J. Francis Barker, P.C., we can help you navigate the complex laws surrounding these claims to hold a negligent property owner accountable. To schedule a free consultation, contact our Cook County, IL personal injury attorney at 708-321-1223 today.