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Fancil V. Walmart-Tort

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Very quickly, I still think the answer is no. Assuming the officer was responding to an emergency and entering unannounced and unescorted, I believe he should have anticipated the guard dog as a possibility. Were there “Beware of Dog” signs or any similar warnings? If yes, then he definitely should have anticipated it. Plus, I would think that officers are trained to anticipate a guard dog or other similar dangers when entering a premise, especially if unannounced or unescorted. However, if the owner escorted the officer in or invited him in and did not warn the officer of the dog, then he could state a claim.

§ 425 ILCS 25/0.01 et seq – Fire Investigation Act

§ 425 ILCS 25/9f. [Premises owner's duty of care]

Sec. 9f. The owner or occupier of the premises and …show more content…

Q.S.E. Foods, Inc., 60 Ill. 2d 552 (1975). The widow filed a negligence action against the store owner. The complaint alleged that the store owner negligently failed to provide adequate lighting in a darkened exterior area of the store. The complaint further alleged that, as a direct result of the store owner's negligence, burglars concealed themselves on the store premises and ambushed the decedent, a police officer, while he was in the process of conducting a security check at the rear of the store. The trial court dismissed the suit for failure to state a cause of action. The appellate court reversed and remanded to the trial court. The store owner appealed and the court reversed. The court noted that the decedent, who was on the premises in the performance of his duty, was owed the same duty of care of care which the store owner owed to an invitee. The court concluded that the risk to which the decedent police officer was subjected to because of the conditions on the premises was not an unreasonable risk for a police officer. The court concluded that there were no allegations that established a duty on the store owner to use reasonable care for the protection of the

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