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Posts tagged "Tort Immunity Act"

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.

The Tort Immunity Act and The Common Carrier

The Tort Immunity Act was created in an effort to protect government entities from payment for claims resulting from negligent acts or omissions of their employees. This Act also applies to public transportation companies such as public bus services. However, public transportation vehicles such as buses are what is known as "common carriers." A common carrier is anything or anyone that transports people or goods from one destination to another. There are common law and statutory duties imposed on public transportation services with regard to the safety of their passengers, and the law holds them to the "highest degree of care consistent with the type of vehicle used in the operation of that business."

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