Under Illinois’ premises liability law, all property owners owe certain legal duties to visitors on their property. If you have been injured in an accident on someone else’s property, it’s important to understand what Illinois’ premises liability law says about property owners’ duties to visitors, as this determines whether you may be entitled to financial compensation.
Traditionally, Illinois law divided visitors into three categories: invitees, licensees, and trespassers. However, this changed with the enactment of the Illinois Premises Liability Act. Under the Illinois Premises Liability Act, property owners owe the same legal duties to all lawful visitors (i.e., invitees and licensees), while they owe lesser duties to individuals who are trespassing on their property.
This shift raises an important question: What does Illinois’ premises liability law say about property owners’ duties to visitors today, especially after the Premises Liability Act?
To understand what Illinois’ premises liability law says about property owners’ duties to visitors, it’s helpful to first distinguish between lawful visitors and trespassers. While Illinois law no longer distinguishes between invitees and licensees, understanding the meanings of these terms can still be helpful for understanding your legal rights after a premises-related accident. Invitees and licensees are lawful visitors; and, since their presence is lawful, property owners owe them a heightened duty of care (compared to trespassers who are on their property unlawfully).
Invitees are visitors who are on the owner’s property for business purposes. For example, when you are shopping at a store or supermarket, you are an invitee. Likewise, when you are attending a concert or sporting event, when you are visiting an amusement park, or when you are staying in a hotel or rental property, you are considered an invitee in each of these scenarios as well.
Licensees are visitors who are on the owner’s property for personal or social reasons. If you are attending a house party or cookout, for example, you are a licensee. If you are not an invitee or a licensee, then you are considered a trespasser under Illinois law.
Again, Illinois law no longer distinguishes between invitees and licensees—instead, all lawful visitors now have the same legal rights.
Under the Illinois Premises Liability Act, property owners owe the following duty to individuals who are lawfully on their property for business, personal, or social reasons:
“The duty owed to such entrants is that of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.”
If you do not find this entirely helpful, you are not alone. This is a rather clunky definition. But, for purposes of understanding your legal rights after an accident on someone else’s property, the key phrase is, “reasonable care under the circumstances.”
Regarding lawful visitors, what Illinois’ premises liability law says about property owners’ duties to visitors centers around one core principle: a legal duty to exercise reasonable care under the circumstances. Essentially, this means that they must do what a typical property owner would do in a similar situation. For example, if it would be reasonable to clean up a spill to avoid the risk of injury, then the property owner must clean up the spill. If it would be reasonable to repair a cracked sidewalk or warn visitors about a trip hazard, then the property must make the repair or provide an adequate warning. These examples illustrate how Illinois’ Premises Liability Law defines property owners’ duties to visitors through the lens of what a reasonable person would do to prevent foreseeable harm.
While Illinois’ premises liability law clearly defines property owners’ duties to visitors who are lawfully on their property, it treats trespassers differently. Regarding adult trespassers, the Illinois Premises Liability Act states:
“An owner or occupier of land owes no duty of care to an adult trespasser other than to refrain from willful and wanton conduct that would endanger the safety of a known trespasser on the property from a condition of the property or an activity conducted by the owner or occupier . . . .”
The reference to “adult” trespassers here is key. Regarding child trespassers, the law still holds property owners to a heightened standard of liability. Specifically, if a property contains an “attractive nuisance,–such as a swimming pool or playground equipment, the property owner has a duty to avoid causing child injuries due to the owner’s negligence. Installing a fence or taking other measures to prevent children from accessing the attractive nuisance may be necessary to protect the property owner against a claim for financial compensation.
If you’re still unsure what Illinois’ premises liability law says about property owners’ duties to visitors in your specific situation, we’re here to help. At Coplan + Crane, we represent individuals and families in all types of premises liability claims under Illinois law. If you have questions about your legal rights, we invite you to get in touch.
Contact the Chicago premises liability lawyers at Coplan + Crane today online or at (312) 982-0588 for a FREE case evaluation. We help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas. We handle premises liability cases on a contingency basis, which means you don’t pay unless we win.
