Who Is At Fault If I Was Injured at a Backyard Barbecue?

 Posted on July 12, 2024 in Personal Injury

If you slip and fall in a store, you may be able to bring a personal injury claim against the owner. If you are hit by a public bus, you may be able to demand compensation from the local government. If you are injured by a drunk driver, you may be able to bring a claim against the establishment that served the alcohol. But what can you do if you are injured at a backyard barbecue? Can you sue a private individual for an injury you suffered while at his or her residence?

Personal injuries sustained at a backyard barbecue are similar to injuries sustained elsewhere: your ability to bring a claim depends on whether another party was negligent. It also depends on the type of injury. Contact an Illinois personal injury attorney about your specific injury to find out if you can claim compensation for damages.

What Is Negligence?

When someone is negligent, it means he or she did not take the basic care to avoid causing injuries as a reasonable person would have taken in the same situation. 

So, if you were invited to a neighbor’s house for a Fourth of July barbecue and suffered a grilling injury, the first thing to determine is whether your injury was caused by negligence.

What Are Some Examples of Grilling Negligence?

Failure to grill safely and responsibly can cause fires, flare-ups, and explosions and may be considered negligence. Examples of negligent grilling include:

• Adding too much lighter fluid to a lit grill: This can cause sudden flare-ups that can injure someone who is close by.

• Becoming distracted during grilling: Accidents can happen when the griller lets his or her attention drift or leaves the grill unmanned altogether.

• Failing to properly maintain the grill: If the grill is not cleaned well, oil and fat can build up which can then cause fires.

• Placing the grill in a dangerous place: Positioning the grill next to flammable material like curtains or wood can cause a major fire.

If your neighbor did any of the above, it may constitute negligence and fall under an area of personal injury law called premises liability. 

What If the Grill Was Defective?

Let us say your neighbor did everything right but you still sustained an injury from the grill. In that case, you will want to check if the grill is defective. If it is, then you may be able to bring a claim against the manufacturer for making a defective product, as well as the retailer for selling it. This is because Illinois law holds anyone in the "stream of commerce" liable for injuries caused by their defective products. Stream of commerce refers to individuals or companies that make or sell a product knowing it will be offered to consumers.

Contact a Springfield, IL Personal Injury Lawyer

Whether your injury falls under premises liability or was caused by a defective product, the attorneys at Kanoski Bresney can help. We have recovered over $550 million in personal injury compensation for our clients and are proud of our 98 percent success rate. Let us use our skills and knowledge to get you the compensation you deserve. Call 888-826-8682 to speak with a Champaign, IL personal injury attorney today.