Wells v. State

In Wells v. State (1986), 38 Ill. Ct. Cl. 142, a wrongful death case, the Court considered the standards for determining whether or not the State has the duty to control criminal conduct in order to prevent harm to third persons. As a general rule, a duty exists to control criminal conduct only where a special relationship exists. Examples of special relationships are: (1) carrier to passenger; (2) innkeeper to guest; (3) landowner to business invitee; (4) a person having custody of a victim under the circumstances which deprive the victim of the normal opportunities for protection. Moreover, the question also exists as to whether the criminal conduct is reasonably foreseeable. Wells, 38 Ill. Ct. Cl. at 146.