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2020 IL App (2d) 191116-U
Ill. App. Ct.
2020
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Background:

  • In 2015 Baker leased a house from Clark; the lease required the tenant to keep the premises in good repair but stated the landlord would be responsible for "structural or major maintenance and repairs."
  • The house had an exterior cement stairway physically connected to the foundation with a handrail and a floor drain.
  • Baker inspected the property before signing and later complained about basement flooding; Clark installed new drains and a sump pump. Baker did not report a crack in the stairs until long after the accident.
  • During a storm in June 2017 Baker moved a mat covering the stair drain and, while returning upstairs, caught his foot on a crack in the second stair and fell, sustaining injuries.
  • Clark moved for summary judgment; the trial court granted it, holding Clark had no duty to maintain the stairs because the leased premises were under the tenant’s control. Baker appealed.

Issues:

Issue Plaintiff's Argument Defendant's Argument Held
Whether the stair crack was a "structural" defect that the lease made Clark responsible for repairing The stair is structural because it is attached to the foundation; the lease makes Clark liable for structural repairs The crack was a minor, nonstructural defect and the lease placed repair responsibility on the tenant The crack was not shown to be a structural defect; imposing that view would swallow landlord nonliability. Summary judgment affirmed.
Whether Clark had a duty under the Ward distraction exception to remedy an open-and-obvious condition because he should have anticipated a visitor would be distracted and not notice the crack Clark should have anticipated Baker could be distracted (e.g., by storm/drainage) and fail to see the defect, making Clark liable despite the defect being open or obvious Ward applies to business invitees/possessions with daily control; a landlord not in daily possession has no similar duty and should not be required to inspect The Ward exception does not extend to a nonpossessing landlord in this context; imposing such a duty would improperly require regular landlord inspections. Summary judgment affirmed.

Key Cases Cited

  • Williams v. Manchester, 228 Ill. 2d 404 (2008) (de novo review standard for summary judgment)
  • Gilley v. Kiddel, 372 Ill. App. 3d 271 (2007) (landlord generally not liable for defects in leased premises under tenant control; exceptions listed)
  • Klitzka v. Hellios, 348 Ill. App. 3d 594 (2004) (landlord nonliability for tenant-controlled premises)
  • Wright v. Mr. Quick, Inc., 109 Ill. 2d 236 (1985) (possession/control as prerequisite to imposing landlord tort liability)
  • Hardy v. Montgomery Ward & Co., 131 Ill. App. 2d 1038 (1971) (distinguishing structural vs. nonstructural defects for lease allocation of repair obligations)
  • Ward v. K mart Corp., 136 Ill. 2d 132 (1990) (business-owner duty may extend to open-and-obvious hazards if foreseeably distracting to invitees)
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Case Details

Case Name: Baker v. Clark
Court Name: Appellate Court of Illinois
Date Published: Sep 14, 2020
Citations: 2020 IL App (2d) 191116-U; 2-19-1116
Docket Number: 2-19-1116
Court Abbreviation: Ill. App. Ct.
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