Change in Premises Liability Jury Instructions

In October 2006, Scott Britton tried a case which changed the law in premises liability, drawing a key distinction between property managers and owners or occupiers of the land.

The plaintiff tripped over a pneumatic hose and fell in the driveway of her residence, a shareholder cooperative. She brought suit against the property manager and co-op for personal injury, claiming that the defendants breached their duty to maintain the premises in a safe condition. At trial, the court found that the property manager was an agent of the co-op, and the jury returned a verdict for the defendants. However, plaintiff appealed claiming, among other things, that the use of Illinois Pattern Jury Instruction, Civ., No. 120.08 was inappropriate for the property manager and that the instruction itself was defective.

IPI 120.08 is a newer instruction on premises liability which requires the plaintiff to meet a higher standard of proof than IPI 21.02, the ordinary negligence instruction. The appellate court decided that while IPI 120.08 is a valid instruction, it does not apply to property management. The court determined that regardless of whether or not the property manager was determined to be an agent of the co-op, IPI 120.08 does not apply because there is no question that the property manager did not own or occupy the land. Furthermore property manager’s duty is common law, arising out of an agreement with the co-op, and is amenable to an ordinary negligence instruction.