Case Studies: The Illinois Vendor/Builder Exception To Premises Liability

On July 17, 2012, Elizabeth Fitzpatrick was lawfully present on the premises commonly known as 1965 Dewes Street in Glenview, Illinois. While descending the stairs of the front porch, Ms. Fitzpatrick tripped and fell, suffering personal injury. The Complaint pleaded that a height differential between the front porch stairs (in violation of the residential code of the village) was a dangerous condition causing Ms. Fitzpatrick's trip and fall. The homeowner, general contractor, and the mason subcontractors were named as defendants for the alleged negligent construction of the front porch stairs. The homeowner counter-claimed for contribution against the general contractor and the named mason subcontractors as well. The residence was constructed and sold to the homeowner, after the homeowner inspected it, in 2004. We represented Ventura's Brick Paving, Inc., the masonry company that layered brick on a portion of the front porch stairs.

All defendants involved in the construction of the front porch stairs moved to dismiss the Complaint on the basis of the vendor/builder exception to premises liability arising from the alleged construction negligence. The case...