This is an Illinois Supreme Court decision made last December. Basically, it says that unless a landowner opens their land to everyone to use, they do not receive liability protection from the Illinois Recreational Use Act. Evidently, amending the act was the intent of SB3378, which is DOA in Rules.

This means that if you shoot in someone's backyard or on their property, they are liable for anything that happens unless they allow anyone and everyone to shoot there. Same for hunting, or any other recreational activity.

Can you imagine not allowing your kids to play football or baseball in your yard with other kids, in case somebody gets hurt and you get sued? Either that, or you could let ANYONE play, anytime, and you're OK.

Dad usually has a bunch of guys down for deer season, but like he said, "I'm not going to risk everything I ever worked for, and I'm NOT opening my land to just anybody, either."

This is seriously messed up. We need to do something about this.

As usual, not a peep from I$RA, except probably a blurb to support SB3378 with no explanation. I just heard about it a few weeks ago myself.

For the legally inclined: Hall vs. Henn, 208 Ill 2d 325 (2003). Illinois Bar Journal, June 2004, page 286

Links:

Illinois Farm Bureau

Illinois Trial Practice

Bloomington-Normal.com

Illinois Leader