A
anna hardina
Guest
What is the name of your state Il
Under Illinois law, here is the issue.
Here, the defendant is the owner of a model home, which had a stairway in it. The stairway was covered with transparent tape to keep it clean when customers came through. Plaintiff , a customer, tripped on the tape since it curled over. The question is which jury instruction is the Plaintiff entitled to, general negligence or premises liability? Our position is that general negligence law applies because the tape is not a permanent part of the structure and is not the "premise", but rather the conduct of the defendant that is in issue. The defendant argues that the more stringent premises liability jury instruction (or premises liability law applies.) since it is the premise that is being criticized.
Which one applies and what is your supporting case law.
Clifford Horwitz
state?
Under Illinois law, here is the issue.
Here, the defendant is the owner of a model home, which had a stairway in it. The stairway was covered with transparent tape to keep it clean when customers came through. Plaintiff , a customer, tripped on the tape since it curled over. The question is which jury instruction is the Plaintiff entitled to, general negligence or premises liability? Our position is that general negligence law applies because the tape is not a permanent part of the structure and is not the "premise", but rather the conduct of the defendant that is in issue. The defendant argues that the more stringent premises liability jury instruction (or premises liability law applies.) since it is the premise that is being criticized.
Which one applies and what is your supporting case law.
Clifford Horwitz
state?