Anderson v. Chicago Transit Authority

Supreme Court of Illinois · 2022 · Torts

211 N.E.3d 437 (2022)

Updated July 9, 2026

tortsdutytrespassersopen and obvious dangerrailroad liabilityfailure to rescuetrespasserCTA

Facts

The decedent entered an unauthorized CTA subway tunnel and fell from a recessed catwalk onto the ground near the tracks, injuring himself. Plaintiff alleged the area was lit, trains had headlights, and at least two CTA train operators passed by, saw him lying next to the tracks, and did not notify others or stop service. Security cameras were also present, and plaintiff alleged the decedent was visible on them. A later train struck and killed the decedent.

Issue

Whether the CTA owed a trespassing decedent a duty of ordinary care after he was allegedly seen lying near the tracks in the tunnel, either under Restatement (Second) of Torts section 337 or under a common-law duty to rescue a discovered trespasser in peril from the open and obvious danger of a moving train.

Rule

A trespasser generally is owed only a duty that the landowner refrain from willfully and wantonly injuring him. Restatement section 337 applies only to highly dangerous artificial conditions that the possessor has reason to believe the trespasser will not discover or appreciate; it does not apply to open and obvious dangers such as a moving train. Illinois also does not impose on a landowner or railroad a general affirmative duty to rescue a trespasser from peril created by the trespasser’s own conduct absent a recognized exception or special relationship.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Late at night in Cleveland, Omar Ruiz climbed through a locked service gate into a commuter rail tunnel marked for employees only. He slipped beside the rails and later sued North Shore Urban Rail after alleging its staff should have protected him from passing trains.

What duty did North Shore Urban Rail most likely owe Omar at the time of injury?

Explanation. A person who enters an unauthorized rail tunnel without permission is a trespasser. Under the majority opinion, the baseline rule is that a landowner or transit operator owes a trespasser only a duty to refrain from willful and wanton injury, absent a recognized exception. Public transit status does not elevate a trespasser to passenger status.