Background
Janet Drobick fell in a Costco parking lot and sued for common-law negligence. Costco moved for summary judgment, arguing the alleged defect—a quarter-inch deviation in the pavement—was too small to trigger a duty to repair or warn under the de minimis doctrine. The circuit court agreed and entered summary judgment for Costco.
Holding
The First District affirmed. The court held that Illinois courts have generally settled on a two-inch deviation as the ceiling for a de minimis defect, and a quarter-inch deviation falls well below that threshold. Because the defect was de minimis as a matter of law, Costco owed no duty to repair or warn, and summary judgment was proper.
Key Takeaways
- Under the de minimis doctrine, a commercial landowner has no duty to repair or warn of minor pavement deviations that are too small to constitute an unreasonable risk of harm.
- Illinois courts generally treat deviations of two inches or less as de minimis; a quarter-inch deviation is well within that range.
- The de minimis rule applies to commercial landowners as well as municipalities, providing a bright-line defense in premises liability cases involving minor surface irregularities.
Why It Matters
This case reinforces the de minimis defense as a viable summary judgment tool for commercial property owners facing slip-and-fall claims. The clear two-inch threshold gives both property owners and plaintiffs’ counsel a practical benchmark for evaluating the viability of premises liability claims based on pavement defects.