Sepesy v. Archer Daniels Midland Co

In Sepesy v. Archer Daniels Midland Co. (1981), 97 Ill. App. 3d 868, 423 N.E.2d 942, 53 Ill. Dec. 273, the Illinois Appellate Court held that a visitor is responsible to see any open and obvious dangers and thus is expected to discover them. A landowner is not required to give precautions or warnings where possible danger is evident in order to exercise the duty of reasonable care toward invitees. The claimant herein disregarded the open and obvious condition on the parkway, and walked onto the sinkhole area, which she testified was covered with leaves. Our Supreme Court cautioned: "Persons who own, occupy, or control and maintain land are not ordinarily required to foresee and protect against injuries from potentially dangerous conditions that are open and obvious." Bucheleres v. Chicago Park District, 171 Ill.2d 435, 447-48, 216 Ill. Dec. 568, 665 N.E.2d 826, 832, (1996).