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Posts tagged "Premises liability"

Premises Liability And Tort Immunity

When suing a local public entity including a municipality or its employees we need to refer to the Tort Immunity Act. 745 ILCS Section 10/3-102 provides that a local public entity has the duty to exercise ordinary care to maintain its property in a reasonably safe condition for the use in the exercise of ordinary care of people whom the entity intended and permitted. This section further provides that a public entity is not liable unless it is proven that it has actual or constructive notice of the existence of a defective condition on its premises. This section of the tort immunity act only applies to defective conditions due to ministerial functions and does not apply to defects that are result of exercise of discretion and/or policy determinations. 

Premises Liability and Tort Immunity

When suing a local public entity including a municipality or its employees we need to refer to the Tort Immunity Act. 745 ILCS Section 10/3-102 provides that a local public entity has the duty to exercise ordinary care to maintain its property in a reasonably safe condition for the use in the exercise of ordinary care of people whom the entity intended and permitted. This section further provides that a public entity is not liable unless it is proven that it has actual or constructive notice of the existence of a defective condition on its premises. This section of the tort immunity act only applies to defective conditions due to ministerial functions and does not apply to defects that are result of exercise of discretion and/or policy determinations.

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