Negligence is a broad and often complicated part of civil law. Simply put, the word “negligence” refers to a wrongful act. If an individual has experienced injury, harm, or loss due to the actions of someone else, they are considered victims of negligence and can sue the wrongdoer for damages.
The most common negligence claims stem from auto accidents and premises liability incidents where someone is injured by tripping and falling on another’s property. Illinois law allows victims to seek compensation for negligent acts from responsible individuals, businesses, and/or institutions.
But what about government entities? Can they and their employees be sued for negligence? The answer lies in something called the Tort Immunity Act, which explains the circumstances under which a public institution and government employees can and can’t be held liable.
Understanding Illinois’ Tort Immunity Act
The Tort Immunity Act (745 ILCS 10) was designed to protect public institutions from being held civilly liable for their actions. The reasoning is that government bodies rely on tax revenue and therefore any payments stemming from lawsuits would be detrimental to residents and increase the tax burden on the public.
However, this does not mean that government institutions don’t have a duty to prevent harm. For example, park districts must adequately guard and warn individuals of risks associated with “hazardous recreational activities.”
Furthermore, if the injured person can demonstrate proof of “willful and wanton conduct” or an indifference to public safety on the part of a public entity, that person can recover money in a lawsuit. Under certain circumstances, these entities can and should be held liable for negligence.
What Do the Courts Say?
Illinois courts are constantly deliberating on matters of negligence. Recently, an appellate court heard a case that analyzed several provisions of the Tort Immunity Act.
Allumi v. Oswego Community Unit School District 308 involved an elementary school student who was injured while racing on an inflatable slide during his school’s field day. The boy’s mother filed a negligence lawsuit against the school district and its Board of Education. The defendants argued that they had immunity against such claims and the trial court judge agreed, ultimately dismissing the case.
Upon review, the appellate court disagreed and the case was remanded back to the trial court. The appellate court found that the trial court failed to properly consider the “hazardous recreational activity” exception. Specifically, the appellate court found that if a proper consideration of the exception resulted in a finding that racing on an inflatable slide fell under that exception, the case could not be dismissed. School officials had not warned the student and his mother of the risks this activity entailed, nor did they guard the child from being harmed.
Does This Change Anything?
While the decision in the Allumi case does not change the specific rules around tort immunity in Illinois, it does help clarify them. Public institutions do not have a blanket exemption from negligence liability. They must meet a certain set of requirements to qualify for immunity.
If you were injured while taking part in an activity organized or overseen by a government entity in Illinois and you feel that you were not properly warned or protected, you may have a valid negligence claim. The attorneys at Vito & Dollenmaier are well versed in this area of law and a consultation to discuss your case is always free.