IL: Bill Seeks to Limit “Open and Obvious” Premises Exception

The West Virginia Senate recently passed a bill reinstating the “open and obvious” doctrine in premises liability.  In Illinois, a bill introduced in the House would go in the opposite direction, restricting consideration of open and obvious conditions to the trier of fact on the issue of comparative fault.  Thus, a judge would not be able to consider open and obvious on the duty issue.   The National Law Review has the story.