Unsafe Premises and Premises Liability - Part Three
Elements of a Jury Trial
According to Chicago personal injury attorneys, juries tend to favor defendants in premises liability cases. They will rarely believe a plaintiff solely on his or her testimony. This is why it is vital to document the scene of an injury as well as possible, to help prove your case. In Illinois, personal injury lawyers can offer strong advice on how to best collect evidence in support of your case.
We’ve learned that premises liability (or unsafe premises) cases can be among the most difficult to win in a jury trial. A major point that any person must prove in order to prevail in a premises injury claim is called notice. The owner must have notice that the condition existed before he or she will be found liable. In other words, your Illinois personal injury lawyer must show the jury that the owner or possessor of the property or the general contractor knew or should have known of the unsafe condition.
While the Defendant may have a duty to exercise reasonable care for your safety, the jury will be instructed that you have the same duty. The Defendant normally accuses the Plaintiff of not keeping a proper lookout, not asking his union steward or foreman to change the job conditions and/or not attempting to prevent the accident.
Under Illinois law, jurors will subtract from any jury verdict the percentage of fault that they attribute to the Plaintiff. For example, if you have a $300,000 jury verdict and the jury finds you to be 50% at fault, they will reduce the verdict to $150,000.
Jury trials can be complicated. If you were injured as the result of an unsafe condition, you should contact Chicago personal injury attorney who specializes in these types of cases in Illinois. Personal injury lawyers can help you obtain just compensation according to the law.
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