Chicago, Ill. (April 13, 2020) - The First
District Appellate Court (Chicago) in Epple v. LQ
Management, LLC (2019 ILL App 180853) overruled a Cook
County trial court's decision granting summary judgment for a
national hotel chain. In the underlying case, the plaintiff had
been walking across the driveway of a hotel in downtown Chicago
when she tripped and fell on concrete that was cracked and uneven,
resulting in injury. She filed suit against the management company
alleging negligence in maintaining the premises, failing to repair
the walkway, and failing to warn pedestrians about or block off the
damaged concrete area. The plaintiff walked the route regularly and
claimed the driveway had been damaged and was in a dangerous
condition for a long time prior to her fall.
In its summary judgment motion, the management company asserted
that the plaintiff was a trespasser, merely using the property to
cut through from a parking garage to her place of employment. It
argued that the driveway was not intended for the plaintiff's
use and therefore it did not owe her a duty other than to avoid
willful and wanton conduct, which had not been alleged.
On appeal, the plaintiff argued that the "permitted use
exception" and the "frequent trespasser doctrine"
both applied, and therefore the management company owed her a duty.
The appellate court agreed, finding that where a landowner knows
there are frequent trespassers and constant intrusion on their
land, the landowner owes a duty of ordinary care to those
trespassers. Here, the management company witnesses testified they
were aware of the frequent trespass and constant intrusion of the
pedestrians using the driveway, that they did not place barriers or
signs to prevent such intrusion, and that they did not indicate in
any way that management would not tolerate the use. Based on that
factual information, the appellate court found the hotel owed the
plaintiff a duty and overruled the trial court's summary
judgment finding.
Significantly, this appellate court has instructed premises owners,
management companies, and landlords that it is advisable to not
only place trespassing signs out on the property adjoining its
property, but also enlighten staff that if they become aware of
frequent users of the property who are not patrons, management
should be alerted and some action should be taken to stop the
traffic. By doing so, the premises owner will strengthen its
chances for summary judgment the next time someone claims injury
due to alleged negligence.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
