Illinois Court Rejects Restatement Tort Claim


In Tilschner v. Spangler, No. 2–10–0111, the Appellate Court of Illinois, Second District, considered the viability of a personal injury lawsuit based on claims seeking to impose liability for the failure to control a third party’s actions.

In this case, the plaintiff was a guest at a party and was injured when another guest set off fireworks. She alleged in her complaint that the defendant, the party host, failed to to protect her from the acts of the second party guest who ignited the fireworks that caused her injuries. Specifically, she alleged that by operation of section 318 of the Restatement, the defendant knew or should have known of his ability to control the other guest and of the need to exercise such control, and thus had a duty to prevent the other party guest from creating an unreasonable risk of bodily harm to her.

Unfortunately for the plaintiff, the Court disagreed, holding that the Supreme Court of Illinois had never adopted section 318 of the Restatement, and thus that cause of action was not viable in Illinois...

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