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Negligence in Illinois Civil Cases

·

By

ACL

The short answer

Negligence is a failure to use reasonable care that causes harm. A plaintiff must prove a duty, a breach of that duty, proximate cause, and damages.

Where it fits in your case

The core theory in most injury, property damage, and many business tort cases.

What to expect

  • Proximate cause requires both actual causation and a sufficiently foreseeable connection between the conduct and the harm.

  • Building codes. A safety code violation is generally prima facie evidence of negligence in Illinois, not automatic liability.

  • Experts are often needed to explain causation in technical cases.

  • Data security. Illinois courts have been cautious about recognizing a general negligence duty to protect customer data, though statutes impose obligations.

What we need from you

Incident reports, photographs, maintenance records, and names of witnesses.

Common misconceptions

  • “An accident means someone was negligent.” Reasonable care can still result in accidents.

  • “Any mistake is enough.” The mistake must cause the harm.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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