Illinois State Representative Jack Franks (D-Marengo) recently introduced HB 1441 to the Illinois General Assembly that would amend the Premises Liability Act, 740 ILCS 130/1, et seq. The bill 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 may not be considered with respect to any other issue of law or fact, including duty. The bill was introduced on February 5, 2015, and was referred to House Rules Committee.

Whether a condition is open and obvious has traditionally been part of the duty analysis (and, therefore, a question of law decided by the court) in premises liability and some products liability matters.    Representative Franks’ Bill is more reason why defendants in Illinois need strong legal representation.