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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1441 Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED:
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740 ILCS 130/2 | from Ch. 80, par. 302 |
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Amends the Premises Liability Act. Provides that whether a condition is open and obvious may be considered by the trier of fact only in assessing the degree of comparative fault, if any, and shall not be considered with respect to any other issue of law or fact, including duty.
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| | A BILL FOR |
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| | HB1441 | | LRB099 06995 HEP 27077 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Premises Liability Act is amended by |
| 5 | | changing Section 2 as follows:
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| 6 | | (740 ILCS 130/2) (from Ch. 80, par. 302)
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| 7 | | (Text of Section WITHOUT the changes made by P.A. 89-7, |
| 8 | | which has been held
unconstitutional)
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| 9 | | Sec. 2.
The distinction under the common law between |
| 10 | | invitees and licensees
as to the duty owed by an owner or |
| 11 | | occupier of any premises to such entrants
is abolished.
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| 12 | | The duty owed to such entrants is that of reasonable care |
| 13 | | under the
circumstances regarding the state of the premises or |
| 14 | | acts done or omitted on
them.
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| 15 | | Whether a condition is open and obvious may be considered |
| 16 | | by the trier of fact only in assessing the degree of |
| 17 | | comparative fault, if any, under Section 2-1116 of the Code of |
| 18 | | Civil Procedure and shall not be considered with respect to any |
| 19 | | other issue of law or fact, including duty. |
| 20 | | (Source: P.A. 83-1398.)
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