Englund v. Englund (1993)
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· 109 citation events
across 9 courts.
Showing the 14 strongest citers on record
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Workman v. Dinkins (2006)
In Illinois, courts have held that when a parent is supervising a child, “it [is] not foreseeable that [a parent] would fail to supervise [his or her child] adequately, and it is more desirable to place the substantial burden of supervising ... upon plaintiff rather than the homeowners.” Englund v. Englund, 246 Ill.App.3d 468 , 186 Ill.Dec. 57 , 615 N.E.2d 861, 867 (1993), accord O’Clair v. Dumelle, 735 F.Supp. 1344 (N.D.Ill.1990), aff'd, 919 F.2d 143 (7th Cir.1990).
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Jakubowski v. Alden-Bennett Construction Co. (2002)
App. 3d 468, 477 , 615 N.E.2d 861, 867 (1993) (deciding that homeowners’ pool presented such a blatantly apparent danger of drowning that it could be deemed obvious as a matter of law.) As the Ward court stated: “Certainly a condition may be so blatantly obvious and in such position on the defendant’s premises that he could not reasonably be expected to anticipate that people will fail to protect themselves from any danger posed by the condition.
deciding that homeowners’ pool presented such a blatantly apparent danger of drowning that it could be deemed obvious as a matter of law.
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Jakubowski v. Alden-Bennett Construction Co . (2002)
App. 3d 468, 477 , 615 N.E.2d 861, 867 (1993) (deciding that homeowners' pool presented such a blatantly apparent danger of drowning that it could be deemed obvious as a matter of law.) As the Ward court stated: "Certainly a condition may be so blatantly obvious and in such position on the defendant's premises that he could not reasonably be expected to anticipate that people will fail to protect themselves from any danger posed by the condition.
deciding that homeowners' pool presented such a blatantly apparent danger of drowning that it could be deemed obvious as a matter of law.
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Horace Ex Rel. Horace v. Braggs (1998)
"Plaintiff brought this suit alleging, inter alia , that the homeowners were negligent in failing to supervise the children at the party . . . ." *Page 639 246 Ill.App.3d at 470 -72 , 186 Ill.Dec. 57 , 615 N.E.2d at 863-64 (emphasis added).
emphasis added
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TT BY BT v. Kim (1996)
See, e.g., Cope v. Doe, 102 Ill. 2d 278, 289 (1984) (landowner was not liable for death of child who had fallen through ice on pond; minors testified that open water was clearly visible); Englund, 246 Ill.
above-ground swimming pool presented a blatantly apparent danger to three-year-old
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Perez v. Heffron (2016)
Englund v. Englund, 246 Ill.
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Howze v. Garner (2005)
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Diehl v. Polo Cooperative Ass'n (2002)
Englund v. Englund, 246 Ill.
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Diehl v. Polo Cooperative Ass'n (2002)
Englund v. Englund, 246 Ill.
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Jackson v. TLC Associates, Inc. (1998)
In addition, the water's danger is considered to be apparent not only to experienced swimmers ( Bucheleres , 171 Ill. 2d 435 ), but even to very young children (see, e.g ., Englund v. Englund , 246 Ill.
danger of drowning in swimming pool obvious to three-year-old child
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Jackson v. TLC Associates, Inc. (1998)
In addition, the water’s danger is considered to be apparent not only to experienced swimmers (Bucheleres, 171 Ill. 2d 435 ), but even to very young children (see, e.g., Englund v. Englund, 246 Ill.
danger of drowning in swimming pool obvious to three-year-old child
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Barham Ex Rel. Barham v. Knickrehm (1996)
Englund v. Englund, 246 Ill.
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Whipple v. American Fork Irrigation Co. (1996)
Co., 259 F.2d 367 , 371 (3d Cir.1958) (allowing award of damages to estate of minor child who entered defendant’s property to play and drowned in pool that was excessively muddy and appeared deceptively shallow); Coeur d’Alene Lumber Co. v. Thompson, 215 F. 8, 17 (9th Cir.1914) (affirming award of damages to plaintiff for death of his minor son who entered defendant’s property to play and drowned in sawdust-covered pool which appeared shallow but had deep well in center); En…
Negligence § 63(101) (1966) (citing cases); see also Englund v. Englund (1993), 246 Ill.