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Case Law Update: Premises Liability

Eckburg v. Presbytery of Blackhawk of the Presbyterian Church, No. 2-08-0995 (11-13-09) found that the defendant, who had been informed of rotted trees on its land in highway easement, could be liable for death and injuries of motorcyclist and passenger who were struck by falling tree. The error to find that distinction of land as “rural” was dispositive; instead, parties should be allowed to conduct discovery to determine whether duty owed to plaintiff, including duty from notice of dangerous natural condition on land. This Illinois case will greatly affect premises liability law.