What are a property owner’s duty to others on their premises?

Perhaps you were invited to a friend’s house and tripped on a broken step, injuring yourself. Or you might have been at the grocery store when you were injured after slipping on spilled milk. In such situations, it is important to understand whether you can hold the property owner accountable for your injuries. The following is a brief overview of Illinois’ “Premises Liability Act.”

Invitees and licensees

The duty a property owner has to those who have been invited onto their premises is to exercise reasonable care under the circumstances with regards to the state of their property. This duty does not include:

• A duty to warn, as long as reasonable steps were taken to protect visitors from danger, or the danger is open and obvious, or it is reasonably expected that the visitor will discover the danger;
• A duty to warn of latent defects or other dangers that are unknown to the property owner; or
• A duty to warn of dangers that result from the visitor’s misuse of the premises;

Trespassers

Property owners do not owe any duty of care to adult trespassers except to avoid any willful or wanton conduct that would harm a known trespasser on the premises from a condition on the premises or an activity conducted by the property owner. Note that this does not apply to child trespassers.

Learn more about premises liability

If you are injured on another person’s property, you will likely want to know if you can hold the property owner responsible for the damages you suffered. This post is for educational purposes only and does not contain legal advice. Those who want to learn more about premises liability are invited to explore our firm’s website for further information.