Legal Question in Real Estate Law in Illinois

What that means is that the City did not have prior notice that the cement was in the street. The law does not require that they constantly patrol the streets looking for problems. If you could prove that a street department truck had passed the cement or that a policeman had reported the problem, you might have a chance of winning. For example, if a banana peel is dropped, or if the floor of a grocery store is wet,the owner of the property is given a certain amount of time to correct the problem before they are liable for damages.

To win in this case you would have to prove that the cement was in the street an "unreasonable" amount of time, Generally, this would be determined by what judges have considered reasonable in the past. Of course, you would have to prove how long the cement had been in the street to win.

Because it was near a construction site, there would be a strong presumption that the cement was there only a short time. You might have a claim against the construction company - if you could prove that they knew, or should have known, that the cement was in the street because of them you might have a claim against them.

You can consult an attorney if you want, but proving a case like this is very hard. (Hard equals expensive) Still, you never know.