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Case Law Update: Distraction Exception in Premises Liability

Hope v. Hope, No. 4-09-0707 (3-4-10) affirmed that after a young daughter sued her parents for injuries sustained when she fell on muddy front steps of parents’ house, claiming distraction exception as she had forgotten about mud being on steps. Daughter’s activities which occurred between her arrival at house and her fall were everyday activities of eating, sleeping, studying, and watching TV, and did not occur during fall; thus, distraction exception does not apply. This case will impact Illinois premises liability law.