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Case Law Update: Summary Judgment in Duty of Care

Qureshi v. Ahmed, No. 1-08-0795 (9-30-09) asked whether defendants owed a duty to protect a 10-year old girl from danger of treadmill at their home. The court cannot conclude as matter of law that defendants owed no duty based on open and obviousness of danger of treadmill; the trial court did not expressly describe risk of harm of treadmill, thus court cannot assess whether danger would be open and obvious to a child. This case will impact Illinois law.