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IL HB3407

Bill

Status

Failed

12/3/2014

Primary Sponsor

Dwight Kay

Click for details

Origin

House of Representatives

98th General Assembly

AI Summary

  • Reenacts Sections 2 and 3 of the Premises Liability Act that were originally amended by Public Act 89-7 (March 9, 1995), which was declared void in its entirety by the Illinois Supreme Court in Best v. Taylor Machine Works (1997).

  • Abolishes the common law distinction between invitees and licensees, requiring owners or occupiers of premises to owe a duty of reasonable care to all invited entrants regarding the condition of the premises and activities conducted there.

  • Specifies that the duty of reasonable care does not include warning of known conditions, open and obvious conditions, latent defects unknown to the owner, dangers from misuse by entrants, or protection from entrants' own misuse of the premises.

  • Provides that an owner or occupier owes no duty of care to adult trespassers except to refrain from willful and wanton conduct that would endanger a known trespasser's safety from property conditions or owner-conducted activities.

  • Applies the reenacted provisions to causes of action accruing on or after the effective date of this amendatory act.

Legislative Description

PREMISES LIABILITY-REENACT

Last Action

Session Sine Die

12/3/2014

Committee Referrals

Rules3/22/2013
Judiciary3/11/2013
Rules2/26/2013

Full Bill Text

No bill text available