Jennifer Buhl v. City of Oak Park

Summary

The Court held that the amendment permitting municipalities to assert the open-and-obvious defense in sidewalk premises-liability actions does not apply retroactively to a cause of action accruing before the amendment's effective date. Applying the governing retroactivity framework, the Court found no clear legislative intent for retroactive application and concluded that applying the amendment would improperly relieve the municipality of a substantive duty existing when the injury occurred. The Court also rejected the lower court's creation of a restoration rule based on an expansive reading of the retroactivity framework.