Understanding the Illinois Tort Immunity Act in Premises Liability Cases

 Posted on May 15, 2023 in Premises Liability

You may be entitled to compensation through a premises liability lawsuit if you have been injured on someone else’s property. However, it is crucial to understand that the Illinois Tort Immunity Act can limit the liability of property owned government entities such as schools. Understanding the Illinois Tort Immunity Act is crucial when pursuing a premises liability case in Illinois.

What is the Illinois Tort Immunity Act?

The Illinois Tort Immunity Act is a state law that limits the liability of certain government entities and employees in civil lawsuits. The law was enacted to protect public officials and employees from frivolous lawsuits that could result in financial ruin for the individual or entity.

Under the Illinois Tort Immunity Act, certain government entities, including schools, park districts, and municipalities, are immune from liability for certain types of negligence. However, the immunity is not absolute, and there are exceptions to the law.

Exceptions to the Illinois Tort Immunity Act

The Illinois Tort Immunity Act provides immunity for certain government entities against civil lawsuits. However, there are exceptions to the law that can allow victims to seek compensation through a premises liability lawsuit. 

Some of the exceptions to the law include:

Willful and Wanton Conduct

If a person is injured due to willful and wanton conduct by a government employee or entity, they may be able to seek damages as a form of legal recourse.

Negligent Maintenance of the Public Property

The government can be held responsible for injuries resulting from its failure to maintain public property in a reasonably safe condition.

Failure to Provide Adequate Warning

The government can be held liable for injuries if they do not caution adequately about a dangerous situation on public property.

It is important to understand that pursuing a premises liability case against a government entity can be more complex than seeking one against a private property owner due to additional procedural requirements and deadlines that must be followed.

How to File a Claim Against the Government for Injuries in Illinois

To claim, you can either file a notice of the claim with the Attorney General and the Clerk of the Court of Claims within a year of the injury date or hold the government entity responsible for maintaining safety on their property. Negligence occurs when a government agency fails to maintain or repair dangerous conditions on its property. No new information or facts were added in this rewrite.

To prove negligence, you need to show that the government was responsible for maintaining the property, that they failed to do so, and that this failure caused your injury. Bringing a case for premises liability against a government entity is complicated, and there are special rules and limitations that may reduce the compensation you could receive compared to a private injury claim. It can be hard to know when a local government or agency is immune from liability, so it’s a good idea to speak with a lawyer about your case.

Contact a Chicago Premises Liability Attorney Today

If you have been hurt on someone else’s property, it is important to contact a knowledgeable Illinois personal injury lawyer as soon as possible. One of our experienced attorneys can help you understand the Illinois Tort Immunity Act and how it may affect your case. We can help you gather the necessary evidence to support your claim and protect your rights. Call Winters Salzetta O'Brien & Richardson, LLC at 312-236-6324 for a no-obligation free consultation.

Sources: 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57