Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

740 ILCS 130/2

(740 ILCS 130/2) (from Ch. 80, par. 302)

(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)

Sec. 2.

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.
The duty of reasonable care under the circumstances which an owner or
occupier
of land owes to such entrants does not include any of the following: a duty to
warn
of
or otherwise take reasonable steps to protect such entrants from
conditions on the
premises that are known to the entrant, are open and obvious, or can
reasonably be expected to be discovered by the entrant; a duty to warn of
latent defects or dangers or defects or dangers unknown to the owner or
occupier of the premises; a
duty to warn such entrants of any dangers resulting from misuse by the entrants
of the premises or anything affixed to or located on the premises; or a duty to
protect such entrants from their own misuse of the premises or anything affixed
to or located on the premises.

This amendatory Act of 1995 applies to causes of action accruing on or
after
its effective date.

(Source: P.A. 89-7, eff. 3-9-95.)

(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)

Sec. 2.

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.

(Source: P.A. 83-1398.)