Under the Illinois Premises Liability Act, an owner or occupier of property owes people lawfully on the premises a duty of reasonable care under the circumstances regarding the state of the premises and acts done or omitted on them (740 ILCS 130/2). When an unsafe condition or inadequate security causes an injury, the owner, a tenant, a manager or a contractor may be responsible. Stavros Law Offices offers a free consultation. Call (847) 520-4810.

General information, not legal advice. Last reviewed: October 2026.

Stavros Law Offices handles premises liability injury claims for clients in Cook, Lake, McHenry, Kane and DuPage Counties. We always seek the maximum recovery for our clients, and no lawyer can promise an outcome. Past results do not guarantee a similar outcome.

What Illinois Law Requires of Property Owners

The Premises Liability Act abolished the old distinction between invitees and licensees; the duty owed to people lawfully on the property is reasonable care under the circumstances (740 ILCS 130/2). A 1995 amendment that would have narrowed that duty was held unconstitutional (Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997)). Different rules apply to trespassers (740 ILCS 130/3).

In practice, courts and juries look at questions such as whether there was a condition that presented an unreasonable risk of harm, whether the owner knew or in the exercise of ordinary care should have known of the condition and the risk, and whether the owner could reasonably expect that people would not discover the danger or would fail to protect themselves against it (IPI Civil 120.08, 120.09).

An owner generally has no duty to protect against a danger that is open and obvious, but that is not an automatic bar. A duty can still exist where the owner should expect a visitor to be distracted or to have no reasonable choice but to encounter the hazard (Ward v. K Mart Corp., 136 Ill. 2d 132 (1990); LaFever v. Kemlite Co., 185 Ill. 2d 380 (1998); Bruns v. City of Centralia, 2014 IL 116998). Whether a condition is open and obvious is decided by the judge when its physical nature is undisputed and by the jury when it is disputed. Our slip and fall guide explains notice and the open-and-obvious doctrine in more detail.

Types of Premises Liability Claims

• Slip, trip and fall injuries from spills, debris, uneven floors or sidewalks, loose mats, poor lighting or broken flooring. See slip and fall accidents in Illinois.
• Stairs and railings: broken steps, loose handrails, poor lighting.
• Inadequate security: attacks in parking lots, apartment buildings, stores and hotels.
• Snow and ice in parking lots, entrances and walkways (below).
• Falling objects from shelves, racks or overhead.
• Swimming pools, elevators and escalators that are poorly fenced, inspected or maintained.
• Hazardous conditions such as faulty wiring, gas leaks, carbon monoxide or lead.
• Construction areas. See our construction accidents page.

Dog bites are usually analyzed under the Animal Control Act, which is different from a negligence claim. See dog bite claims in Illinois.

Inadequate Security Claims

Illinois property owners generally have no duty to protect people from crimes committed by others. A duty can arise where there is a special relationship, such as a business open to the public and its customers, and the attack was reasonably foreseeable, or where a landlord or security company takes on security and performs it negligently (Hills v. Bridgeview Little League Ass'n, 195 Ill. 2d 210 (2000); Rowe v. State Bank of Lombard, 125 Ill. 2d 203 (1988)). Whether a duty exists and was breached depends on the relationship and the facts. Evidence can include prior incidents, lighting, locks, cameras and security staffing.

Snow and Ice Injuries

Illinois owners generally have no duty to remove natural accumulations of snow and ice, but they can be liable for unnatural accumulations they cause, for example through defective drainage, downspouts or grading (IPI Civil 125.00 introduction). For residential property, the Snow and Ice Removal Act protects people who shovel or salt the abutting sidewalk from liability for those efforts unless their conduct was willful or wanton (745 ILCS 75/2). It does not protect against a claim that negligent maintenance of the property created the ice (Murphy-Hylton v. Lieberman Management Services, Inc., 2016 IL 120394). Falls at stores, offices and other properties are evaluated under the general rules.

Injuries on Government Property

Claims against cities, park districts, schools and other local governments are governed by the Tort Immunity Act. The entity must have had actual or constructive notice of the unsafe condition in time to fix it (745 ILCS 10/3-102). It is not liable for the effect of weather as such on streets and sidewalks (10/3-105), and injuries from the condition of parks, playgrounds and other recreational property require willful and wanton conduct (10/3-106). Suit generally must be filed within one year (10/8-101); for a child's ordinary injury claim, that generally means before the 19th birthday.

Claims against the State of Illinois are brought in the Illinois Court of Claims under separate rules. An injury claim generally requires written notice to the Attorney General and the Clerk of the Court of Claims within one year, unless the claim itself is filed within that year, and the claim must be filed within two years (705 ILCS 505/22-1, 22(h)). A missed notice deadline bars the claim (705 ILCS 505/22-2). Tell us right away if a public body may be involved.

Who May Be Responsible

Depending on the facts, responsibility may rest with the owner, a tenant or business that controls the space, a management company, a snow removal or maintenance contractor, or a security company. Leases and contracts often show who was in charge of the area.

Compensation in Premises Liability Cases

Depending on the evidence, damages may include medical expenses, lost earnings, pain and suffering, emotional distress, disfigurement and loss of a normal life (IPI Civil 30.00 series). When a death results, the family's claim is a wrongful death claim. See how much an injury case is worth for how these damages are evaluated.

Comparative Fault

If you were partly at fault, your damages are reduced by your share of the fault. If you were more than 50% at fault, you cannot recover (735 ILCS 5/2-1116). Different rules apply to some statutory claims. Insurers often argue the injured person was not watching where they were going, but fault is decided on the facts. See comparative fault in Illinois.

What to Do After an Injury on Someone Else's Property

Get medical care, report the incident to the owner or manager, photograph the condition and your injuries, collect witness names, and ask right away that video be preserved. Our slip and fall guide lists the evidence to gather.

Deadlines

Most Illinois personal injury lawsuits must be filed within two years of the injury (735 ILCS 5/13-202). A child injured by a private person or business generally has until two years after turning 18 (735 ILCS 5/13-211). Claims against physicians, dentists, registered nurses and hospitals follow a separate statute: two years from when the injury was or should have been discovered and never more than four years after the treatment; for a child, eight years after the treatment but never past the 22nd birthday (735 ILCS 5/13-212).

Claims against a city, village, county, township, school district, park district or other local public body, or its employees, generally must be filed within one year (745 ILCS 10/8-101(a)). For a child's ordinary injury claim, that year generally runs from the 18th birthday, so the lawsuit must be filed before the child turns 19, not 20. Claims arising out of patient care at a public hospital or clinic follow a different rule: two years from when the injury was or should have been discovered, and never more than four years after the care (745 ILCS 10/8-101(b)). See our guide to Illinois personal injury deadlines and our Illinois injury deadlines at a glance table.

Related Pages

Premises liability claims are handled on a contingency fee: no fee unless we win. If we do not recover money for you, you owe nothing: no attorney fee and no case costs. See attorney fees, our injury case timeline, our personal injury overview and nursing home neglect.

Our county pages explain where injury cases are filed: Cook County, Lake County, DuPage County, Kane County and McHenry County.

Frequently Asked Questions

What does a property owner owe visitors in Illinois?

Under the Premises Liability Act, an owner or occupier owes people lawfully on the premises reasonable care under the circumstances regarding the state of the premises and acts done or omitted on them (740 ILCS 130/2). Different rules apply to trespassers.

Can I recover if I slipped on snow or ice?

It depends. Illinois owners generally have no duty to remove natural accumulations of snow and ice, but they can be liable for unnatural accumulations they cause, for example through defective drainage, downspouts or grading. For residential property, the Snow and Ice Removal Act protects people who shovel or salt the abutting sidewalk unless their conduct was willful or wanton (745 ILCS 75/2), but it does not protect against a claim that negligent maintenance created the ice (Murphy-Hylton v. Lieberman Management Services, Inc., 2016 IL 120394).

Can a business be responsible if I was attacked on its property?

Possibly. Illinois property owners generally have no duty to protect people from crimes committed by others, but a duty can arise where a business open to the public and its customers have a special relationship and the attack was reasonably foreseeable, or where a landlord or security company takes on security and performs it negligently (Hills v. Bridgeview Little League Ass'n, 195 Ill. 2d 210 (2000); Rowe v. State Bank of Lombard, 125 Ill. 2d 203 (1988)).

What if I was hurt on city or village property?

Claims against cities, villages, park districts, schools and other local governments generally must be filed within one year (745 ILCS 10/8-101(a)); for a child, that generally means before the 19th birthday. The entity must have had notice of the condition (745 ILCS 10/3-102), it is not liable for the effect of weather as such on streets and sidewalks (10/3-105), and injuries from the condition of parks and playgrounds require willful and wanton conduct (10/3-106). Claims against the State require written notice within one year (705 ILCS 505/22-1).

How long do I have to file a premises liability lawsuit in Illinois?

Most Illinois personal injury lawsuits must be filed within two years of the injury (735 ILCS 5/13-202). A child injured by a private person or business generally has until two years after turning 18 (735 ILCS 5/13-211). Claims against a local public body generally must be filed within one year (745 ILCS 10/8-101(a)); for a child, that generally means before the 19th birthday. Claims against the State require written notice within one year unless the claim is filed within that year (705 ILCS 505/22-1). Medical claims follow 735 ILCS 5/13-212.

Talk to Our Team

Stavros Law Offices is one team handling criminal defense and DUI, personal injury and civil litigation. We handle premises liability claims for clients in our service area from our Wheeling office. Call (847) 520-4810 or request a free consultation online. Available 24/7 by phone at (847) 520-4810. Leave a message after hours and calls are returned promptly. Our bilingual staff can assist. Se habla español.

Stavros Law Offices
433 N. Milwaukee Ave, Wheeling, IL 60090
(847) 520-4810
Monday–Friday 9–5; closed Saturday
Free consultation. Serving clients in Cook, Lake, McHenry, Kane and DuPage Counties.

General information, not legal advice; no attorney-client relationship is formed until the firm is engaged. Past results do not guarantee a similar outcome. Laws, deadlines and court procedures change and every case is different. Last reviewed: October 2026.