Torts — premise liability, open and obvious exception

Posted February 4, 2016 2:51 PM

Where a plaintiff injures herself on the defendant’s land due to a hazard that is considered open and obvious, the defendant may still owe a duty if the plaintiff was distracted and the defendant should reasonably have foreseen that invitees might be distracted near the hazard.The 1st District Appellate Court reversed and remanded a decision by Cook County Associate Judge Robert J. Clifford.On Nov. 11, 2011, Susan Figas was shopping at a grocery store owned and operated by Aldi. While Figas was shopping, she went …

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