You have taught your child to respect other people’s property and not to trespass, but like many children, your child is curious about her surroundings. While playing outside, she went with friends to explore your neighbor’s interesting yard and sustained...
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Premises Liability
DETERIORATING CONDITION IS ENOUGH TO CREATE GENUINE ISSUE OF MATERIAL FACT REGARDING CONSTRUCTIVE NOTICE OF A DANGEROUS CONDITION
The Illinois Appellate Court for the First District recently ruled in favor of victims injured due to defective property conditions. In Nguyen v. Lam, the Illinois Appellate Court found that the Plaintiff presented enough evidence to create a genuine issue of material...
DE MINIMIS IS NO LONGER A GAME OF INCHES
The Illinois Appellate Court for the First District recently determined that surrounding circumstances are relevant when determining whether a defect can be de minimis as a matter of law. A pothole of a depth between half an inch and 2 inches was a defect not so minor...
Preserving evidence of slip-and-fall accidents
In Illinois, individuals and businesses who own buildings and other premises have an obligation to keep those spaces reasonably safe, particularly for those who have permission to be on the premises.When an accident like a slip and fall or an injury due to a falling...
The degree of care a property owner owes the public
A recent post on this blog discussed the fact that owners of land, including owners of homes and businesses, have a duty under Illinois law to protect those who come onto their property from any hazards that might be present there. For example, a failure to remove ice...
Illinois does not distinguish between “licensees” and “invitees”
Traditionally, someone who owned or occupied real property in Illinois owed a different duty of care to a person who came on to the property, depending on whether the person was an "invitee," a "licensee" or a "trespasser." In general, an invitee was a person, such as...
Snow removal and Illinois landowners
While the weather may have been slightly warmer of late, Chicago-area landowners must bear in mind that they have ongoing obligations to promptly clear their driveways, parking lots and sidewalks of snow and ice. Failing to do so creates a hazardous condition, as...
TRAPPED WORKER KILLED IN GENEVA COMMONS TOWER CONSTRUCTION
On February 3, 2017, Geneva Fire Department rescue efforts failed to save Donald J. Tentler, 47, of West Dundee at the Geneva Commons shopping center. Tentler, a construction worker, had attempted to install a sign on the parking lot tower when he became trapped...
Circus operator fined $24k over tent collapse that killed 2
A weather emergency is a real emergency. That's especially true when you're operating without permanent structures, as responsible fairs and circuses know. If your customers and employees are relying on a tent to protect them, that tent had better be erected correctly...
What are the 3 categories of visitors in a premises liability?
When it comes to premises liability cases -- or cases where someone is injured after visiting a dangerous property -- there are three different categories of visitors. Depending what type of visitor the injured person was, it could affect his or her premises liability...
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