Document Type
Article
Media Type
Text
Abstract
This comment examines Marshall v. Burger King Corp., in which the Illinois Supreme Court overturned a "no duty" ruling of the trial court and determined that business owners have a duty to protect patrons from out-of-control vehicles crashing through their walls. The author analyzes the court's new duty analysis which relegates the traditional public policy factors to an exemption analysis and emphasizes a categorical approach to duty. The author concludes that the new duty analysis creates nearly a per se duty for businesses to protect their invitees from third party negligent acts and will lead to increased costs for businesses in Illinois.
First Page
95
Last Page
124
Publication Date
11-1-2007
Department
College of Law
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Powell, Jeffrey H.
(2007)
"Marshall v. Burger King Corp.: Making a Mess of "Duty" for Businesses in Illinois,"
Northern Illinois University Law Review: Vol. 28:
Iss.
1, Article 2.
Suggested Citation
Jeffrey H. Powell, Comment, Marshall v. Burger King Corp.: Making a Mess of "Duty" for Businesses in Illinois, 28 N. Ill. U. L. Rev. 95 (2007).
