Premises Liability

We have the knowledge and expertise to efficiently and effectively defend businesses and property owners after an injury has occured to either invited or non-invited guests on their property.  We also defend claims for assault, battery, false imprisonment, discrimination, and fire. 

  • Overview
  • Representative matters
  • News & resources

Overview

Our attorneys are skilled in defending claims relating to accidents occurring on property and locations such as:

  • Department stores, discount chains, and shopping centers
  • Residential homes
  • Parking lots and parking ramps
  • Restaurants and bars
  • Public and private schools
  • Sports facilities, playgrounds, and parks
  • Motels and hotels

Our clients range from sole proprietors to Fortune 500 Companies.

A list of representative cases can be found by clicking the "Representative Matters" link above.

Representative matters

Mular v. Ingram

Cook County, Illinois

Obtained dismissal with prejudice pursuant to Illinois Supreme Court Rule 103(b) for plaintiff’s failure to exhibit diligence in service in premises liability suit against homeowner. Dismissal with prejudice was also based upon finding that the four-year construction statute of limitations was inapplicable to homeowner who was uninvolved with construction of her home’s pool deck area where the alleged slip and fall occurred.  Affirmed on appeal.

http://www.illinoiscourts.gov/Opinions/AppellateCourt/2015/1stDistrict/1142439.pdf

Stevens v. Kelvyn Press, Inc.

Cook County, Illinois

Defended commercial printing facility against allegations of negligence in connection with plaintiff's trip over a cement expansion joint located in defendant's parking lot, resulting in a torn rotator cuff.  Obtained summary judgment on grounds that expansion joint was both a de minimis condition and an open and obvious condition, for which the printing facility did not owe a duty of care to the plaintiff.

Madden v. White Way Sign & Maintenance, Co.

Cook County, Illinois

Defended construction and maintenance company against allegations of negligence in connection with plaintiff’s trip over an electrical conduit, resulting in a dislocated shoulder and torn rotator cuff requiring arthroscopic surgery and a medial meniscus tear of the knee requiring a total knee arthroplasty.  Obtained summary judgment on grounds that sign maintenance company owed no duty to the plaintiff or property owners under the terms of its erection and maintenance contracts.

Thiesz v. Manors of Oak Knoll

Cook County, Illinois

Defended townhouse complex maintenance contractor against allegations of negligence and contractual indemnity in connection with plaintiff's alleged trip over gutter downspout resulting in shoulder fracture treated by open reduction with internal fixation.   Obtained dismissal of indemnity allegations on the grounds that they sought nothing more than contribution. Obtained dismissal of negligence allegations on the grounds that maintenance contractor neither owed nor breached any duty to plaintiff.

Genz v. 650 N. Dearborn

Cook County, Illinois

Defended property owner for location of national retailer with respect to fall down on exterior of premises in which plaintiff sustained ankle fracture treated by open reduction and internal fixation.  Obtained summary judgment on grounds that fall occurred as the result of a "natural accumulation" of ice and snow.

Moore v. Advanced Carpet Restoration

Cook County, Illinois

Defended apartment complex owner and carpet cleaning entity against plaintiff's claim that she tripped over a water cooler power cord allegedly left in a hazardous location which resulted in left hip and left elbow fractures, both requiring surgical intervention, and requiring medical bills of approximately $250,000.  Case voluntarily dismissed by plaintiff on trial date.

Begovich v. Gladstone Realtors

Cook County, Illinois

Defended commercial property owner against allegations of dangerous condition on premises which caused fall allegedly resulting in hip fracture and death.  Suit settled on favorable terms.

Morris v. Bigelow Development

Kane County, Illinois

Defended developer and general contractor with maintenance obligation for subdivision sidewalk in connection with plaintiff's fall which resulted in elbow fracture.  Obtained summary judgment on the grounds that alleged sidewalk deviation was open and obvious and, accordingly, defendant owed no duty.

Mariani v. Tovar, et al.

DuPage County, Illinois

Defended national retailer and snow removal contractor with respect to customer's fall in parking lot, allegedly due to unnatural accumulation of snow and ice, resulting in ankle fracture requiring three surgeries and substantial lost income claim.  Case settled for less than half of claimed medical bills.

Harinek v. 161 North Clark

Cook County, Illinois

Won summary judgment in favor of corporate property owner and manager in premises liability suit.  Plaintiff claimed traumatically induced brain injury.  Affirmed on appeal.

Edwards v. James Lombardi and Colleen Lombardi

Grundy County, Illinois

Defended premises owners in suit sounding on Illinois Animal Control Act and negligence allegations in connection with alleged attack by a llama.  The plaintiff was caring for the llama at the time of the incident and alleged that the defendants had knowledge of the llama's dangerous propensities and failed to take measures to prevent the attack.  The plaintiff claimed a torn rotator cuff, requiring surgery.  Obtained summary judgment on Illinois Animal Control Act on the grounds that the plaintiff assumed dominion and control over the llama.  Subsequently obtained summary judgment on the negligence allegations on the grounds that the plaintiff assumed the risk of injury.  Affirmed on appeal.

http://www.illinoiscourts.gov/Opinions/AppellateCourt/2013/3rdDistrict/3120518.pdf

Schinkowsky v. Giometti

Cook County, Illinois

Defended automobile operator against allegations that the backing of his car in a strip mall parking lot caused the plaintiff to fall and sustain hip fracture treated by open reduction with internal fixation, requiring four hospitalizations and resulting in decubitus ulcers and the use of adult diapers.  Jury verdict in favor of defendant.

Chiurato v. Polen and Nevin, et al.

LaSalle County, Illinois

Defending directors of property owner board against allegations of negligence and breach of fiduciary duty in connection with maintenance of common areas, including dam which breached.

News & resources

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