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IL HB5810

Bill

Status

Failed

1/8/2013

Primary Sponsor

Dwight Kay

Click for details

Origin

House of Representatives

97th General Assembly

AI Summary

  • Reenacts provisions of Public Act 89-7 (Civil Justice Reform Amendments of 1995) that amended Sections 2 and 3 of the Premises Liability Act, which were voided in their entirety by the Illinois Supreme Court in Best v. Taylor Machine Works (1997).

  • Abolishes the common law distinction between invitees and licensees, establishing that owners or occupiers of premises owe invited entrants a duty of reasonable care regarding the state of premises and acts conducted on them.

  • Specifies that the duty of reasonable care does not include warnings for known conditions, open and obvious dangers, latent defects unknown to the owner, dangers from entrant misuse, or protection from entrant misuse of the premises.

  • Limits the duty owed to adult trespassers to refraining from willful and wanton conduct that would endanger the safety of a known trespasser, without affecting laws regarding trespassing child entrants.

  • Applies these reenacted provisions to causes of action accruing on or after the bill's effective date.

Legislative Description

PREMISES LIABILITY-REENACT

Last Action

Session Sine Die

1/8/2013

Committee Referrals

Rules2/16/2012

Full Bill Text

No bill text available