For generations, Illinois has recognized the general principle that a landowner owes no duty of reasonable care to trespassers. This duty is subject to a number of exceptions; one pertains to children. Since Kahn v. James Burton Co., Illinois has applied a three-step test to determining whether a duty is owed to a child trespasser: (1) the … Continue Reading
California, like most states, has enacted a statute (Civil Code section 846) which provides that property owners have no duty to maintain their premises in a manner that makes them “safe” for recreational users of the land. The statute was intended to encourage landowners to make their property available for recreational use without fear of … Continue Reading