Role of Invitees in Chicago Premises Liability Cases

A possessor or occupier of land is subject to liability for physical harm caused to their invitees in certain Chicago premises liability cases. They are subject to liability for a condition if they know or would discover the condition and should realize that it involves an unreasonable risk of harm to such invitees. They should expect that the invitees will not discover or realize the danger. Or, lastly,  fail to protect themselves against it and they fail to exercise reasonable care to protect them against the danger.

The role of a visitor will have an impact on a premises liability case and the duty of care established. To better understand the role of invitees in Chicago premises liability cases, get in touch with an accomplished premises liability lawyer to learn more.

Expectation of Property

When dealing with premises liability in Chicago, an invitee can expect that the possessor of property will take reasonable care to ascertain the actual condition of the premises; having had discovered it, either repair or give warning of the condition and the risk involved therein.

A condition may be blatantly obvious; on the defendant’s premises that the owner could not reasonably be expected to anticipate that people will fail to protect themselves from any danger posed by the condition.

If a store has a clearly marked set of steps and handrails to use and a distracted person stumbles down the stairs; even though the stairs are an uneven part of the store. Of course, somebody who is not looking will trip. The danger is so open and so obvious. The ability of the person in the store to protect themselves by not looking at their phone; the landowner has no further duty other than to make the stairs otherwise constructed safely, well-marked, and functioning well.

Duty of Care of a Landowner

Just because a condition on a land creates the potential for danger does not mean that the owner or occupier of the land has a duty to safeguard the invitees from every possible injury. The law reviews where the landowner’s duties begin regarding invitees in Chicago premises liability cases by looking at two factors.

Whether the condition itself served as adequate notice of its presence or whether additional precautions satisfy the defendant’s duty. For a set of stairs, a sign may not be even necessary because they were obvious and very visible. The dangers of walking downstairs is well-known to all adults. However, with a revolving door, it may go too fast or have a slight grade like a ramp. It may be less obvious. It creates a duty of care on the landowner. The less obvious the condition, the more duty exists to create signs and educate and warn of the potential danger.

The law also looks at the extent, if any, of the plaintiff’s contributory negligence. If a person walking around, looking at their phone or otherwise impaired their own ability to perceive the danger; those actions reduce the liability and exposure of the landowner in a Chicago liability case.

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