Stupidity Doesn’t Pay

In a litigation landscape often marked by improbable premises-liability claims, the Illinois Second District Appellate Court drew a clear line in Lee v. Lee, 2019 IL App (2d) 180923. Rejecting a plaintiff’s attempt to shift responsibility for his own “freakish” and “bizarre” conduct, the court not only applied the open and obvious doctrine in an ordinary negligence case, but went further—holding sua sponte that the defendant owed no duty as a matter of law and that the plaintiff’s contributory negligence exceeded 50%. The decision stands as a pointed reaffirmation that even in negligence cases, liability has limits and common sense still governs Illinois law.