Elements of strict liability get airing

Lawyers' Forum

By Kenneth M. Florey and M. Neal Smith Jr.

Ken Florey, a partner at Robbins, Schwartz, concentrates his practice representing public and private clients, including municipalities, school districts, community colleges, private owners, contractors and design professionals regarding land use, municipal law, construction, tax, finance and litigation. Neal Smith, an associate at Robbins, Schwartz, represents municipalities, school districts, community colleges and other local governmental clients as well as companies and individuals in a wide range of complex legal matters. In addition to representing clients in tort and commercial litigation, Smith represents clients in several unique areas of the law including land use and zoning litigation, construction litigation and election law and campaign finance matters.

Posted February 22, 2016 3:43 PM

In a recent decision, Great American Insurance Co. v. Heneghan Wrecking and Excavating Co. Inc., 2015 IL App (1st) 133376, the 1st District Appellate Court determined that the demolition of a Chicago building was not an ultra-hazardous activity which would have subjected the demolition contractors to common-law strict liability and that the city of Chicago was not strictly liable pursuant to Section 1-4-7 of the Illinois Municipal Code.The facts before the court showed that a five-alarm fire severely damaged a 100-year-old …

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