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List of Forms by Chapter - Premises Liability
- I. [1.1] Overview
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II. The Elements of the Premises Liability Case - [1.2] The Duty of Reasonable Care
- [1.3] Defining the Duty of Reasonable Care and the Duty To Protect Against Unreasonably Dangerous Conditions
- [1.4] The Importance of Foreseeability and Notice
- [1.5] Actual Notice
- [1.6] Constructive Notice
- [1.7] The Other Elements of the Premises Case — Breach of Duty and Causation
- III. Open and Obvious Conditions
- IV. The Duty of Reasonable Care and Specific Rules for Particular Fact Situations
- [1.12] Water, Snow, and Ice
- [1.13] The Natural Accumulation Rule
- [1.14] The Contractually Assumed Duty and Voluntary Undertaking Theories
- [1.15] Immunity for Residential Property
- [1.16] Tracked-In Water — The Natural Accumulation Rule for Occurrences Inside the Premises
- [1.17] Foreign Substances
- [1.18] Defects in Sidewalks and Walkways
- [1.19] Ingress and Egress
- [1.20] Slippery Surfaces
- [1.21] Uneven or Cracked Floor Surfaces
- [1.22] Stairs and Steps
- [1.23] Other Conditions
- V. [1.24] Liability for Construction Site Accidents
- VI. [1.27] The Impact of Building Codes, Statutes, and Ordinances
- VII. The Voluntary Assumption of Duty Theory
- VIII. Rules for Certain Categories of Plaintiffs
- IX. [1.34] Statutory Immunity for Property Used for Recreational Purposes
- X. [1.35] Common-Law Contact Sports Immunity
- XI. Governmental Entities as Landowners
- [1.36] Statutory Rules and Immunities
- [1.37] Claims Arising Out of Maintenance of Property — Duty of Ordinary Care for Intended Users
- [1.38] Other Immunity Provisions — Public Improvements, Recreational Purposes, Supervision
- [1.39] Effect of an Immunity for Negligent Conduct — Willful and Wanton Conduct Must Be Shown
- XII. [1.40] Liability for Failure To Prevent Injuries from Third Parties
- [1.41] Failure To Prevent Criminal Assaults
- [1.42] Necessity of “Special Relationship” — Social Guest Is Not Sufficient
- [1.43] Business Invitees and Assaults by Another Patron
- [1.44] Criminal Assaults Outside the Business Invitee or Special Relationship Context
- [1.45] Injuries Caused by Intoxicated Individuals
- [1.46] Injuries from Negligent Conduct of Third Parties
- XIII. [1.47] Which Parties Are Subject to Liability
- XIV. [1.52] Planning for and Allocating the Risk
- XV. [1.55] Investigating the Claim
- XVI. The Illinois Court System and the Illinois Law Applicable to Personal Injury Claims
- XVII. Appendix of Forms
- [1.66] Sample Incident Report Form
- [1.67] Sample Complaint
- [1.68] Sample Answer and Affirmative Defense
- [1.69] Sample Interrogatories from Plaintiff to Defendant
- [1.70] Sample Request To Produce Documents from Plaintiff to Defendant
- [1.71] Sample Interrogatories from Defendant to Plaintiff
- [1.72] Sample Request To Produce Documents from Defendant to Plaintiff
- Stuart N. Rappaport
Stuart N. Rappaport
Stuart N. Rappaport is the Managing Attorney for Izzo, Rappaport & Stiefbold, in Chicago, a firm that practices civil defense litigation on behalf of Selective Insurance Group, Inc. insureds. Mr. Rappaport’s clients have included property owners and managers, retail establishments, contractors, architects and engineers, and restaurants and taverns, among others. His practice includes cases arising from construction and industrial accidents, premises liability accidents, transportation accidents, commercial disputes, and other civil litigation matters. Mr. Rappaport has an “AV — Preeminent” rating from Martindale-Hubbell, which is the highest possible ranking and is based on a peer review as to legal ability and ethics. He is a member of the federal trial bar and has been a member of the Illinois Association of Defense Trial Counsel, where he has been an instructor in the Trial Academy. He received his undergraduate degree from the University of Wisconsin — Madison and his law degree magna cum laude from the University of Illinois College of Law, where he graduated with several honors.
- Joshua M. Rappaport
Joshua M. Rappaport
Joshua M. Rappaport is an attorney at the Law Offices of Eric M. Glasson & Associates, in Chicago. He practices all types of personal injury litigation on the plaintiff’s side, including cases involving premises liability, motor vehicle collisions, construction accidents, and work injuries. He has handled several high-exposure premises liability cases, with favorable outcomes for his clients. His clients are exclusively victims of injuries caused by the negligence of others. He received his undergraduate degree from St. Norbert College in De Pere, Wisconsin. He received his law degree from DePaul University, where he graduated magna cum laude with Cali Awards of Excellence in Tort Law and Trial Advocacy.
Premises Liability 2021 Edition
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