Liability for Injuries at Bonfires and Backyard Gatherings in Illinois

 Posted on September 15, 2025 in Premises Liability

As the weather cools in Illinois, backyard bonfires, cookouts, and fall gatherings with friends and neighbors are picking up. These events can be a great way to celebrate the season, but they also bring certain risks. Fires, uneven yards, and even crowded spaces can lead to serious accidents. When someone is hurt on private property, and the owner could have prevented it, there may be cause for a premises liability claim. In these situations, a Chicago, IL premises liability lawyer can help explain your rights and pursue fair compensation.

Understanding Illinois Premises Liability Law

In Illinois, property owners have a duty to keep their premises reasonably safe for people they invite onto their property. The Illinois Premises Liability Act, under 740 ILCS 130, sets the rules for when an owner can be held responsible if someone gets hurt. Courts look at whether the owner knew or should have known about a dangerous condition and whether they acted reasonably under the circumstances.

Trespassing is a different story. In most cases, a homeowner does not have to protect adult trespassers from injury, but the law makes an exception for children. Under 740 ILCS 130/3, a property owner can be responsible if a child trespasser is hurt by something dangerous that naturally attracts curiosity, like an unattended bonfire. In these situations, the court looks at whether the risk of harm to a child was greater than the effort it would have taken for the homeowner to prevent the accident.

When Can a Homeowner Be Held Responsible for a Bonfire Injury?

A homeowner can be found negligent if they failed to take reasonable precautions to prevent someone from getting hurt. Leaving a bonfire unattended or failing to provide barriers to keep children away from open flames could be considered careless. Similarly, a property owner who does not warn guests about uneven ground or broken steps could face liability if someone gets hurt.

Illinois also considers issues of shared fault. Under 735 ILCS 5/2-1116, the state’s comparative negligence statute, a person who is injured may recover damages as long as they were not more than 50 percent responsible for the accident. This means if you ignored clear safety warnings and were therefore partially at fault, your compensation could be reduced but not necessarily eliminated. However, if you are found to have more than half of the responsibility for your injury, you would not be able to recover damages.

Steps To Take After an Injury at a Bonfire or Gathering

If you are injured at a bonfire or backyard party, taking quick action can help protect your right to compensation:

• Seek medical attention, even if your injuries seem minor. The effects of burns, smoke inhalation, or falls may worsen over time.

• Document the scene by taking photos of the fire pit, the area where the accident occurred, and any unsafe conditions.

• Collect information from the homeowner and any witnesses who saw what happened.

• Ask about insurance coverage if the accident occurred at a larger gathering or at a rental property.

• Contact a personal injury attorney who can explain your options and guide you through the claims process.

Schedule a Free Consultation With a Chicago, IL Premises Liability Attorney

Since 1997, the award-winning attorneys at Winters Salzetta O'Brien & Richardson, LLC have represented injury victims in Chicago, across Illinois, and nationwide. If you were injured at a bonfire or backyard gathering, our Chicago, IL premises liability lawyers will review the circumstances of your accident and explain your legal options. Call us today at 312-236-6324 to schedule a free consultation and let us put our experience to work for you.