Bill Text: IL HB1441 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1441 Detail]

Download: Illinois-2015-HB1441-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1441 Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED:
740 ILCS 130/2 from Ch. 80, par. 302
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.
LRB099 06995 HEP 27077 b
A BILL FOR
HB1441 LRB099 06995 HEP 27077 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Premises Liability Act is amended by
changing Section 2 as follows:
(740 ILCS 130/2) (from Ch. 80, par. 302)
(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.
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, under Section 2-1116 of the Code of
Civil Procedure and shall not be considered with respect to any
other issue of law or fact, including duty.
(Source: P.A. 83-1398.)