Illinois Injury: How the Prairie State Handles Premises Liability

Illinois Premises Liability Act

This law protects people from harm caused by negligence or carelessness of property owners. 

A property owner or manager is responsible for taking reasonable care to keep people safe on the premises.

Licensees and invitees

Illinois law classifies a visitor as either a licensee or an invitee. A licensee has permission to be on the property but doesn’t provide a benefit to the property owner. For example, a social guest. 

An invitee enters the property with permission for a business-related reason. For example, a person providing a service like delivering the mail, cleaning, repairing something at the owner’s request, or a patron of a business.The property owner owes a duty of care to both an invitee and a licensee. They must keep the property in good condition, inspect for dangerous conditions, and repair a hazard and/or have warning signs if the condition is not immediately corrected. The property owner is legally liable for an unsafe condition if they knew or should have known about its existence.

Trespassers

A trespasser is on someone else’s property without permission. They are owed the lowest duty of care because they’re not supposed to be there in the first place. In this instance, the property owner must only exercise reasonable care to prevent injury. 

Illinois law does not hold a property owner liable for injuries to a trespasser, even if they failed to warn about a danger or repair a defect. The owner could be liable if the injury was caused by a reckless disregard for safety. The standard under the law refers to “willful and wanton conduct,” which includes the owner’s having actual or constructive notice that the trespasser is on the property.

There are exceptions, though. An Illinois property owner could be liable for injury to a trespasser if:

• The owner is aware that trespassing is frequent and does nothing to prevent it; 
• The owner was engaged in a dangerous activity on the property; or
• Part of the property is unreasonably hazardous.

The Illinois attractive nuisance doctrine (i.e. liability for child trespassers)

A property owner has a higher duty to a child trespasser than an adult. They can be held liable if the property has a condition that could be hazardous to a child. 

Some objects or spaces could be considered “attractive” to a child—swimming pools (or other bodies of water), farm equipment or other types of equipment, treehouses, fish ponds, animals, fountains, tunnels, trampolines, refrigerators, construction sites, play areas, etc.—and if a child is injured because they played or explored one of these spaces, the owner can be held liable. That’s because children don’t have the same level of judgment and common sense as an adult would, and they don’t always understand boundaries. If it’s a very young child, they might not even be able to read a warning sign. Even if the child is not explicitly allowed to be on the property, if it’s accessible to children and likely they might be there, the owner can be liable. 

Can you prevent your property from being an attractive nuisance?

Maybe not, but you can prevent a child from being injured.

This might sound cliché, but look at the property through a child’s eyes. Put yourself into your inner six-year-old, if you will. If you see something that six-year-old you would think is fun or appealing, protect it. Adding a fence or barrier that prevents access to any kind of attractive item or space can help reduce your liability (because it reduces the likelihood of a child being hurt).

A water feature must have a fence at least four feet high, and pool ladders must be removed and covers in place when not in use. Unplug power tools, inspect playground or other equipment, and regularly check the premises for other hazards.