Articles Tagged with claims

As businesses open up, there is a risk of continued spread of COVID-19 in shopping areas, offices, and other commercial properties. As such, there may be cause for lawsuits involving illness contracted on businesses’ properties in the future. How viable these lawsuits will be is still unclear, but there will likely be cases where individuals can recover damages.

Property Owners’ Duty of Care and Coronavirus

The CDC and other organizations are constantly recommending new preventive measures to stall the spread of the virus, including guidelines for business owners. Given that property owners and managers have a duty to help make sure those who visit their properties are safe from harm, failing to follow those guidelines may pose a risk to their customers, tenants, and so forth.

Injuries due to hazards on another party’s property may be compensable with personal injury damages. However, the circumstances of the injury may limit the amount one may recover in damages. For instance, Illinois makes use of comparative negligence laws that reduce damages if the injured party is partially at fault for their own injury. In some cases, it can even preclude someone from recovering damages at all.

Illinois Comparative Negligence Law

Illinois’s comparative negligence law states that if someone is partially at fault for their own injury, the damages they are entitled to recover are reduced in proportion to the amount of fault they have. For instance, if you have been injured on someone’s property and a jury finds you to be 20% at fault for that injury, your damages would be reduced by 20%.

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