Lyons v. State

In Lyons v. State (1987), 39 Ill. Ct. Cl. 192,, the Claimant sought recovery for injuries sustained when she fell after descending a flight of stairs constructed of wood and maintained by the State at the Blackhawk State Park located near Rock Island, Illinois. The claim was denied because the alleged defect was minor, and there was no evidence that Respondent had actual or constructive notice thereof. The Court stated as follows: "Because the State is not an insurer, it cannot be expected to remove all risks of accidents which may occur in the absence of negligence. Obviously, there are certain risk inherent in hiking that must be assumed by the hiker." The Court denied recovery in a fall on stairs at Blackhawk State Park. The Court noted that minor defects are not actionable in that Respondent would not anticipate danger from minor defects. In Lyons, supra, the Court noted that it was a principle of law that an invitee, such as Claimant, assumes normal or obvious risks attendant to the use of the premises, and that, because the State is not an insurer, it cannot be expected to remove all risks of accident which may occur in the absence of negligence. Obviously, there are risks inherent in ascending or descending concrete stairs in dim light that must be assumed by Claimant. Lyons v. State, at 195.