740 ILCS 130/ Premises Liability Act.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

740 ILCS 130/1

(740 ILCS 130/1) (from Ch. 80, par. 301)

Sec. 1.

This Act is called and may be cited as the "Premises Liability Act".

(Source: P.A. 83-1398.)

740 ILCS 130/2

(740 ILCS 130/2) (from Ch. 80, par. 302)

(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)

Sec. 2.

The distinction under the common law between invitees and licensees
as to the duty owed by an owner or occupier of any premises to such entrants
is abolished.

The duty owed to such entrants is that of reasonable care under the
circumstances
regarding the state of the premises or acts done or omitted on them.
The duty of reasonable care under the circumstances which an owner or
occupier
of land owes to such entrants does not include any of the following: a duty to
warn
of
or otherwise take reasonable steps to protect such entrants from
conditions on the
premises that are known to the entrant, are open and obvious, or can
reasonably be expected to be discovered by the entrant; a duty to warn of
latent defects or dangers or defects or dangers unknown to the owner or
occupier of the premises; a
duty to warn such entrants of any dangers resulting from misuse by the entrants
of the premises or anything affixed to or located on the premises; or a duty to
protect such entrants from their own misuse of the premises or anything affixed
to or located on the premises.

This amendatory Act of 1995 applies to causes of action accruing on or
after
its effective date.

(Source: P.A. 89-7, eff. 3-9-95.)

(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)

Sec. 2.

The distinction under the common law between invitees and licensees
as to the duty owed by an owner or occupier of any premises to such entrants
is abolished.

The duty owed to such entrants is that of reasonable care under the
circumstances regarding the state of the premises or acts done or omitted on
them.

(Source: P.A. 83-1398.)

740 ILCS 130/3

(740 ILCS 130/3) (from Ch. 80, par. 303)

(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)

Sec. 3.

Nothing herein
affects the law as regards the trespassing child entrant.
An owner or occupier of land owes no duty of care to an
adult trespasser
other than to refrain from willful and wanton conduct that would endanger the
safety of a known trespasser on the property from a condition of the property
or
an activity conducted by the owner or occupier on the property.

This amendatory Act of 1995 applies only to causes of action accruing on or
after its effective date.

(Source: P.A. 89-7, eff. 3-9-95.)

(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)

Sec. 3.

Nothing herein
affects the law as regards any category of trespasser,
including the trespassing child entrant.

(Source: P.A. 83-1398.)

740 ILCS 130/4

(740 ILCS 130/4) (from Ch. 80, par. 304)

Sec. 4.

Notwithstanding this Act, the liability of any owner or occupier
of a premises to anyone who enters or uses those premises for a
recreational purpose, as defined by the Recreational Use of Land and Water Areas Act, is governed by that Act.

(Source: P.A. 100-863, eff. 8-14-18.)

740 ILCS 130/4.1

(740 ILCS 130/4.1)

Sec. 4.1. Off-road riding facilities; liability.

(a) As used in this Section, "off-road riding
facility" means:

(1) an area of land, consisting of a closed course,

designed for use of off-highway vehicles in events such as, but not limited to, dirt track, short track, flat track, speedway, drag racing, grand prix, hare scrambles, hill climb, ice racing, observed trails, mud and snow scrambles, tractor pulls, sled pulls, truck pulls, mud runs, or other contests of a side-by-side nature in a sporting event for practice, instruction, testing, or competition of off-highway vehicles; or

(2) a thoroughfare or track across land or snow used

for off-highway motorcycles or all-terrain vehicles.

(b) An owner or operator of an off-road riding facility in existence on
January 1, 2002 is immune from any criminal liability arising out of or as a
consequence of noise or sound emissions resulting from the use of
the off-road riding facility.
An owner or operator of an off-road
riding facility is not subject to any
action for public or private nuisance or trespass, and no court in this State
may enjoin the use or operation of an off-road riding facility
on the basis of noise or sound emissions resulting from the
 use of the off-road riding facility.

(c) An owner or operator of an off-road riding facility placed in operation
after January 1, 2002 is immune from any criminal liability and is not subject
to
any action for public or private nuisance or trespass arising out of or as a
consequence of noise or sound emissions resulting from the use of
the off-road riding facility, if the off-road riding facility conforms to any
one of
the following requirements:

(1) All areas from which an off-road vehicle may be

properly operated are at least 1,000 feet from any occupied permanent dwelling on adjacent property at the time the facility was placed into operation.

(2) The off-road riding facility is situated on land

otherwise subject to  land use zoning, and the off-road riding facility was not prohibited by the zoning authority at the time the facility was placed into operation.

(3) The off-road riding facility is operated by a

governmental entity or the off-road riding facility was the recipient of grants under the Recreational Trails of Illinois Act.

(d) The civil immunity in subsection (c) does not apply if there is
willful or wanton misconduct outside the normal use of the off-road riding
facility.

(Source: P.A. 98-847, eff. 1-1-15; 99-642, eff. 7-28-16.)

740 ILCS 130/5

(740 ILCS 130/5)

Sec. 5.

Firearm ranges; liability.

(a) As used in this Section, "firearm range" means a rifle, pistol,
silhouette, skeet, trap, black powder, or other similar range in this State
used for discharging firearms in a sporting event, for practice or instruction
in the use of a firearm, or for the testing of a firearm. "Firearm range" also
includes licensed shooting preserves and public hunting areas operated or
licensed by the Department of Natural Resources.

(b) An owner or operator of a firearm range in existence on January 1,
1994, is immune from any criminal liability arising out of or as a
consequence of noise or sound emissions resulting from the normal use of the
firearm range. An owner or operator of a firearm range is not
subject to any action for public or private nuisance or trespass and no court
in this State shall enjoin the use or operation of a firearm range on the
basis of noise or sound emissions resulting from the normal use of the firearm
range.

(c) An owner or operator of a firearm range placed in operation after
January 1, 1994, is immune from any criminal liability and is not
subject to any action for public or private nuisance or trespass arising out
of or as a consequence of noise or sound emissions resulting from the normal
use of the firearm range, if the firearm range conforms to any one of the
following requirements:

(1) All areas from which a firearm may be properly

discharged are at least 1,000 yards from any occupied permanent dwelling on adjacent property.

(2) All areas from which a firearm may be properly

discharged are enclosed by a permanent building or structure that absorbs or contains sound energy escaping from the muzzle of firearms in use.

(3) If the firearm range is situated on land

otherwise subject to land use zoning, the firearm range is in compliance with the requirements of the zoning authority.

(4) The firearm range is operated by a governmental

entity or is licensed by the Department of Natural Resources.

(5) The firearm range met the requirements of clause

(1) of this subsection (c) at the time the range began its operation and subsequently an occupied permanent dwelling on adjacent property was built within 1,000 yards from an area of the range from which a firearm may be properly discharged.

(Source: P.A. 94-387, eff. 7-29-05.)