1. LandowNER OR PREMISES LIABILITY
Slip and Falls to Sip and Falls

2. STATUS OF THE VISITOR
INVITEE - Shopper, Movie Patron, Concertgoer, Church Members, Etc.
LICENSEES - Social Guests and Pizza Delivery Man, Open Worn Trail Walkers
TRESPASSERS - Is an unauthorized invasion of private property or premises of another. (EX. Neighbor retrieves his morning paper from bushes on your property. Burglary.)
CHILD – Sliding Scale Case by Case Basis.

3. DUTY OWED MAY TURNS ON THE STATUS OF THE VISITOR
ILLINOIS - Licensees and Invitees are treated same. TRESPASSERS: With exceptions, just a duty to refrain from intentional harm.

4. Illinois Law
The distinction under the common law between invitees and licensees as to the duty owed by an owner or occupier of any premises to such entrants is abolished.
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.
Example of Condition:
Example of Act:
Example of Omission:

5. Rape and assault on motel or business premises???
SAME RULE APPLIES:
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.
What might a Jury/Judge look to in determining reasonable care?
Foreseeability of the event and the history of crime in the area.
Specific Circumstances of the Crime
Warnings
Cost of Measures to Prevent

6. Child/ADULT DROWNS in NEIGHBOR’S/SIX FLAGS POOL???
SAME RULE APPLIES:
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.
The owner of the premises must take measures to insure that the facility is reasonably safe.
The owner may have an obligation to make adequate provision for life-saving and resuscitation.
Warnings.
Safety equipment or a lifeguard is available
Characteristics of the pool and the extent to which the facility is used.
In private pools, the owners are required to use reasonable care for children and protect against uninvited children who might have access. (Attractive Nuisance)

7. WHILE ATTEMPTING TO ENTER Wal-Mart, Person slipS and fallS on (Banana/Ice/Puddle/Bag/SiDewalk Crack)???
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.
What might a Jury/Judge look to in determining reasonable care?
Who caused the condition?
Did Wal-Mart know or should it have known?
Was sidewalk off by ¼ inch or 1 inch? Terrain is not always expected to be even.
Was condition Open and Obvious? Patron Distracted?
Special Winter Rule: No duty to plow. Depends on Natural or Unnatural Accumulation.
ONLY unnatural accumulations of ice or snow may give rise to liability when someone falls.
What is unnatural accumulation?
Inadequate grading of land away from the building;
Inadequate storm drainage and blocked drains;
Shoveling alone is not unnatural accumulation.
Inadequate gutter capability or drainage of a gutter into a pedestrian passage.

8. PERSONS DRINKING ALCOHOL AT NEIGHBOR’S HOUSE AND DRIVES/WALKS AWAY AND INJURES HERSELF/OTHERS. LIABILITY OF HOSTS???
For more than 130 years, Illinois rejected the concept of social host liability. Specifically, a person who provided alcohol to a guest could not be legally responsible for damages caused when that guest became intoxicated and ran over someone with a car or beat someone up in a drunken rage.
That has changed.
THE DRUG OR ALCOHOL IMPAIRED MINOR RESPONSIBILITY ACT: Any adult who intentionally supplies alcohol or drugs to minors and causes intoxication is strictly liable for any injuries or deaths which result from the intoxication. It is a very expansive statute which provides for wide ranging liability and almost limitless damages. It is a class 4 felony as well – up to three years in jail.
OTHER CASES: 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.

9. You ARE INJURED BY NEIGHBOR’s PITT BULL/FROG/KITTEN????
Animals
Under Illinois law, and the Illinois Animal Control Act, the people who own or harbor animals are responsible for all damages suffered by victims of any animal attack.
This is true whether a case involves a permanent scar on a child's face from the bite of a dangerous dog breed's
or whether a case involves an attack by a less likely animal, such as a cat. Unless the animal was provoked.