In Allen v. Martinez, the Second District affirmed again that in Illinois, a trampoline is an open and obvious danger. The case, which contains a useful explanation of the proper duty analysis, might be applicable in a number of analogous situations. In discussing a previous trampoline case, Sollami v. Eaton, the court stated:
The court held first that the manufacturer had no duty to warn the plaintiff of the danger from jumping on a trampoline because the risk was open and obvious. The existence of a duty did not depend on whether the particular plaintiff knew of the danger but on an "objective" test--whether an ordinary person would be aware of the risk. Sollami, 201 Ill. 2d at 7. The court reasoned that the danger of injury from jumping on a recreational trampoline is akin to that of falling from a height, a danger that the court had deemed "open and obvious to any child old enough to be allowed at large." Sollami, 201 Ill. 2d at 14.
The Allen court followed Sollami, also quoting the Sollami court on the duty analysis:
However, Sollami also states, "[d]etermining that the open and obvious doctrine applies does not end the inquiry regarding duty" and that a court must still consider (1) the reasonable foreseeability of injury; (2) the reasonable likelihood of injury; (3) the burden that guarding against injury places on the defendant; and (4) the consequences of placing that burden on the defendant. Sollami, 201 Ill. 2d at 17. Nonetheless, for all practical purposes, Sollami holds that if a danger is open and obvious, and neither exception applies, there is no duty. Because the risk is obvious, the danger of injury is slight and the burden of guarding against it is unjustified. Thus, the result of the four-factor test is a foregone conclusion.
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