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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

Included in

Law Commons

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