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.
College of Law
Northern Illinois University Law Review
Powell, Jeffrey H.
"Marshall v. Burger King Corp.: Making a Mess of "Duty" for Businesses in Illinois,"
Northern Illinois University Law Review: Vol. 28:
1, Article 2.
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).