Each state has different statutes describing premises liability law as it is enforced in their state. In Illinois, the Illinois Premises Liability Act was created to guide both parties in how to handle these types of cases. This is statute 740 ILCS 130 of the Premises Liability Act, which allows individuals, who are injured due to the environment of a property, to sue the owner of that property. A large part of these claims is foreseeability. If the property owner knew or should have known that a certain condition could be hazardous to people around it and failed to correct it, then they may be liable for negligence.
The Illinois law also clarifies that invitees, those who enter a property for the owner’s benefit, and licensees, those who enter a property for their own amusement, are owed the same level of duty of care by the property owner. It also states that trespassers, those who enter property without invitation or permission, cannot sue the owner since they were trespassing. The exception exists where trespassers can sue the owner if the owner willfully and wantonly injures them. The Illinois statute covers somemor
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