Chicago Premises Liability Lawyer
If you were hurt on someone else's property in Chicago or the surrounding Cook, DuPage, Will, and Kane County communities, Ori Law Group can help. Premises liability covers far more than slip and falls — it reaches negligent security, pool drownings, dog bites, unsafe staircases, and inadequate maintenance. Joe and Kristen Ori personally handle every premises case from intake through trial; you will never be handed off to a junior associate or an intake screen. With more than 40 years of combined trial experience and over $150 million recovered, we hold property owners, businesses, landlords, and municipalities accountable when their negligence causes injury.
If you were injured on someone else’s property, the question that decides your case is usually simple to state and hard to prove: did the owner know about the danger, or should they have known, in time to do something about it? At Ori Law Group, that’s where Joe and Kristen Ori start. Premises liability is a broad area of Illinois law — it covers a fall on an icy store entrance, an assault in a dark parking garage, a child hurt at an unfenced pool, a dog bite in an apartment a landlord knew was dangerous, and an injury from a staircase that was never properly maintained. What ties all of these together is the Illinois Premises Liability Act (740 ILCS 130) and the duty of reasonable care a property owner owes to people lawfully on the premises.
The most common reason a valid premises case gets denied is the open-and-obvious defense — the insurer’s claim that the hazard was so plain you should have avoided it. Don’t take that at face value. Illinois recognizes a distraction exception and a deliberate-encounter exception, and in our experience adjusters raise “open and obvious” reflexively, long before anyone has analyzed whether those exceptions apply. The other reason cases fall apart is lost evidence. Security cameras overwrite footage in days, incident reports get filed away, and maintenance logs go missing — which is why we move on day one to send a spoliation letter and lock down the proof that establishes the owner’s notice of the hazard.
Because we’re a two-attorney boutique, Joe and Kristen personally investigate every premises case from intake through trial — across Chicago and the Cook, DuPage, Will, and Kane County suburbs. Slip and fall is one piece of this larger category; if that’s what happened to you, our Chicago slip and fall lawyer page goes deeper on Illinois snow-and-ice rules and proving notice. For the most serious outcomes — a brain injury, a spinal cord injury, or the loss of a loved one — see our pages on catastrophic injuries and traumatic brain injuries. The consultation is free, there’s no upfront cost, and we work on a contingency basis, so you pay nothing unless we recover for you. Call Joe or Kristen at (312) 621-0000 to talk through what happened and what comes next.
Attorney advertising. Prior results do not guarantee a similar outcome. Ori Law Group is responsible for the content of this website.
What to Do After Your Accident
- Get medical attention right away, even if you feel fine — adrenaline hides serious injuries, and a gap in treatment becomes the property owner's argument that you weren't really hurt.
- Photograph the hazardous condition before it's cleaned, repaired, or removed — the wet floor, the ice, the broken stair, the burned-out light, the missing handrail.
- Report the incident to the property owner or manager and ask for a written incident report, then get a copy.
- Get the names and phone numbers of anyone who saw what happened or saw the hazard beforehand.
- Keep the shoes and clothing you were wearing exactly as they are, and save every bill, record, and note about how the injury affects your life.
- Do not give a recorded statement to the property owner's insurer, and talk to an attorney before accepting any settlement offer.
Common Causes & Types
- Slip, trip, and fall hazards — wet floors, ice and snow, broken stairs, frayed carpet, cracked sidewalks, and poor lighting.
- Negligent security — broken locks, inadequate lighting, missing cameras, and absent guards where crime was foreseeable.
- Inadequate maintenance — ignored repairs, code violations, and known dangers a reasonable owner would have fixed.
- Unsafe pools and recreation areas — unfenced pools, missing depth markings, and defective gates — especially where children can reach them.
- Dangerous animals — dog bites and attacks, including where a landlord knew a tenant kept a dangerous dog.
- Falling objects, defective elevators and escalators, and contamination from mold, lead, or unsafe food.
Who Can Be Held Liable
- Property owners who failed to maintain reasonably safe conditions
- Businesses and store operators who created or ignored a hazard on their premises
- Landlords responsible for unsafe common areas or known dangers in a rental
- Municipalities and government entities responsible for unsafe public sidewalks, parks, or buildings
- Property managers, security contractors, and maintenance companies hired to keep the premises safe
Injuries We Handle
- Traumatic brain injuries and concussions
- Spinal cord and back injuries
- Broken bones and orthopedic trauma
- Hip fractures, especially in older adults
- Lacerations, dog-bite wounds, and infections
- Catastrophic and permanently disabling injuries
- Drowning and near-drowning injuries
- Wrongful death
Illinois Law & Deadlines
Damages You Can Recover
- Past and future medical expenses
- Lost wages and diminished earning capacity
- Pain, suffering, and loss of a normal life
- Disfigurement and scarring
- Loss of consortium for a spouse
- Punitive damages in cases of willful and wanton conduct
How the Legal Process Works
- Free consultation & investigation
We review your case, document the hazard, identify every owner, manager, and insurer in play, and explain your options at no cost.
- Evidence preservation
We send spoliation letters to preserve security footage, incident reports, and maintenance records before they disappear.
- Demand & negotiation
We build the claim around the owner's notice of the hazard and negotiate with the insurer for the full value of your case.
- Litigation, if needed
If the insurer won't be fair, Joe or Kristen files suit and prepares your case for trial in the county where it belongs.
| Invitee | Licensee | Trespasser | |
|---|---|---|---|
| Who it is | A customer or guest invited for the owner's benefit | A social guest on the property with permission | A person on the property without permission |
| Duty owed | Reasonable care to keep the premises safe and warn of hidden dangers | A duty to warn of known dangers not obvious to the guest | Generally only a duty not to willfully or wantonly cause harm |
| Key exception | Open-and-obvious hazards may limit the duty, with exceptions | Status can shift based on the purpose of the visit | A higher duty is owed to child trespassers under the attractive-nuisance doctrine |
What Illinois Premises Liability Law Requires of Property Owners
Under the Illinois Premises Liability Act (740 ILCS 130), a property owner or occupier owes a duty of reasonable care to people lawfully on the premises. The size of that duty depends in part on why you were there.
Illinois law distinguishes among invitees (customers and guests invited for the owner's benefit), licensees (social guests present with permission), and trespassers (people on the property without permission). An owner owes the highest duty to invitees — reasonable care to keep the property safe and to warn of dangers that aren't obvious. A licensee is owed a duty to be warned of known dangers. A trespasser is generally owed only a duty not to be willfully or wantonly harmed.
There is an important exception for children. Under the attractive-nuisance doctrine, an owner can owe a duty to a child trespasser drawn onto the property by a dangerous condition a child wouldn't appreciate — an unfenced pool, a trampoline left in disrepair, or accessible machinery. The law recognizes that children don't weigh risk the way adults do.
To win a premises case, you generally must prove the owner knew or should have known about the hazard — what the law calls actual or constructive notice — and failed to fix it or warn you in time. That notice question is usually where these cases are won or lost.
The Open-and-Obvious Doctrine — And Its Exceptions
Property owners routinely defend premises cases by arguing the hazard was open and obvious — that any reasonable person would have seen and avoided it, so the owner had no duty to warn. It's the single most common defense in these claims, and it's why so many valid cases are denied at first.
But the open-and-obvious rule is not absolute. Illinois recognizes two exceptions. Under the distraction exception, the owner can still be liable when it was foreseeable that you'd be distracted and fail to notice the danger — carrying packages out of a store, watching a child, or reading posted signage. Under the deliberate-encounter exception, the owner can be liable when it was reasonable to expect you'd proceed despite the danger because the benefit of doing so outweighed the apparent risk, such as the only path to your car or your workplace.
Premises Claims by Property Type
The same duty of reasonable care applies across commercial, residential, and public property — but who is responsible, and the deadlines involved, differ sharply.
- Commercial property — stores, restaurants, hotels, bars, and parking garages owe customers a duty to keep the premises reasonably safe and to inspect for hazards.
- Residential property — landlords can be liable for unsafe common areas and known dangers in a rental, including a tenant's dangerous dog the landlord knew about.
- Public property — claims against a city, park district, or transit agency fall under the Tort Immunity Act (745 ILCS 10), which carries a one-year deadline and a strict notice requirement.
Types of Premises Liability Claims We Handle
Premises liability is a broad category. Ori Law Group handles the full range of unsafe-property injury claims across Cook, DuPage, Will, and Kane Counties.
Slip and fall accidents. The most common premises claim — wet floors, ice and snow, broken stairs, and cracked sidewalks. Because Illinois has its own rules for snow and ice, slip-and-fall cases turn on details no other premises claim shares. We cover the natural-accumulation rule, notice, and Chicago's shovel ordinance in depth on our dedicated Chicago slip and fall lawyer page.
Negligent security. When a property owner ignores foreseeable crime — broken locks, dark parking lots, missing cameras, or no guards in a building with a history of incidents — and a tenant, guest, or customer is assaulted, the owner can be held responsible for failing to provide reasonable security.
Swimming pool accidents and drownings. Unfenced pools, unlocked gates, missing depth markings, and defective drains create catastrophic risk, especially for children. The attractive-nuisance doctrine often applies, and liability can extend to homeowners, hotels, and homeowners' associations.
Dog bites and animal attacks. Illinois imposes strict liability under the Animal Control Act (510 ILCS 5/16) — there is no "one free bite" rule, and the owner is responsible even on a first attack absent provocation. When the property owner isn't the dog owner, premises liability can still reach a landlord who knew a tenant kept a dangerous animal.
Inadequate maintenance and lighting. Burned-out stairwell bulbs, broken handrails, code violations, and ignored repairs that a reasonable owner would have addressed.
Stairway, escalator, and elevator accidents. Falls from defective stairs, missing handrails, and entrapment or sudden stops on poorly inspected elevators and escalators.
Falling objects and contamination. Merchandise that falls from overstocked shelves, and exposure to mold, lead paint, or unsafe food at a restaurant or grocery.
Why Choose Ori Law Group
Ori Law Group is a women-owned, two-attorney trial firm in Oak Brook. When you call, you reach Joe or Kristen — not a paralegal, not an intake AI, not a rotating cast of junior associates. Joe Ori has concentrated in personal injury for more than 25 years; Kristen Ori leads our litigation. Together they bring over 40 years of combined trial experience and more than $150 million recovered, and they prepare every premises case to be tried, not just settled. Because we move on day one to preserve security footage and maintenance records — and because we know the open-and-obvious defense inside and out — property owners and their insurers have to take our cases seriously. Our Oak Brook office is convenient to Chicago and the entire Cook, DuPage, Will, and Kane County region.
Case Results
Recovered for an Illinois resident injured in a parasailing accident out of state.
Recovered for a victim of an elevator malfunction that resulted in a shoulder injury requiring surgery.
Awarded to a minor who suffered head injuries due to day care negligence.
Awarded to a woman injured in a slip and fall at a Chicago office building.
Prior results do not guarantee a similar outcome. See more results →
Frequently Asked Questions
What is the statute of limitations for a premises liability claim in Illinois?
You generally have two years from the date of injury under 735 ILCS 5/13-202. If your claim is against a government entity — for an injury on a public sidewalk, in a park, or in a government building — the deadline is shorter, often one year, with a strict notice requirement under the Tort Immunity Act (745 ILCS 10). Deadlines for injured minors are generally tolled until age 18. It's best to act well before any deadline so evidence can be preserved.
What do I have to prove to win a premises liability case?
You generally must show the property owner owed you a duty of care based on your status on the property, that a hazardous condition existed, that the owner knew or should have known about it — actual or constructive notice — and failed to fix it or warn you, and that the hazard caused your injury. The notice question is usually where these cases are decided.
Who is liable if I'm hurt on a public sidewalk in Chicago?
Claims for injuries on public property — sidewalks, parks, or government buildings — generally fall under the Illinois Tort Immunity Act (745 ILCS 10). These claims carry a one-year deadline and a strict notice requirement, far shorter than the usual two years, so it's critical to act quickly. We help determine whether the city, a park district, a transit agency, or an adjacent private owner is responsible.
Are pool owners liable if a child drowns or is hurt?
Often yes. Under the attractive-nuisance doctrine, a property owner can owe a duty to a child drawn onto the property by a pool, even a child who entered without permission. Unfenced pools, unlocked gates, missing depth markings, and defective drains are common grounds for liability, which can extend to homeowners, hotels, and homeowners' associations.
Are dog bite cases the same as premises liability cases?
Not exactly. Illinois imposes strict liability on dog owners under the Animal Control Act (510 ILCS 5/16) — there is no "one free bite" rule, and an owner is responsible even on a first attack absent provocation. Premises liability comes into play when the property owner isn't the dog owner — for example, a landlord who knew a tenant kept a dangerous dog. We handle both.
What is the "open and obvious" doctrine, and can I still recover?
The open-and-obvious doctrine lets a property owner argue that a hazard was so apparent any reasonable person would have avoided it, eliminating the duty to warn. It is the most common premises defense, but it isn't absolute. The distraction exception applies when it was foreseeable you'd be distracted, and the deliberate-encounter exception applies when it was reasonable to proceed despite the danger. Either can keep your claim alive.
What does it cost to hire Ori Law Group?
There is no upfront cost. We handle premises liability cases on a contingency basis — we are paid a percentage of your recovery only if we win or settle your case, and your consultation is free. You pay nothing out of pocket to get started.
Will Joe or Kristen personally handle my case?
Yes. As a two-attorney boutique firm, Joe and Kristen work directly with you from the first consultation through resolution. Your calls reach the lawyers actually working your file — never a paralegal or an intake screen.
Legally reviewed by Joseph and Kristen Ori · Last reviewed June 24, 2026. This page is attorney advertising and is for general information only — it is not legal advice and does not create an attorney–client relationship.
Injured on Someone Else's Property? Let's Talk.
Free, confidential consultation — call (312) 621-0000. No upfront cost, and Joe or Kristen handles your case personally.