Illinois Law on Hazardous Recreational Activities
Under Illinois law, if you are injured while participating in or watching a “hazardous recreational activity” on public property, you cannot sue a “local public entity nor a public employee” for compensation (745 ILCS 10/3-109). For example, Cook County and DuPage County have numerous parks and forest preserves with hills and trails where you might go sledding, skiing, or even rock climbing in the wintertime. If you are injured while taking part in those types of activities, the park and park employees generally cannot be held liable.
However, the law does make two exceptions, in which case you may be able to file a claim for damages. The first exception applies if your injury was caused by “an act of willful and wanton conduct” by a public entity or employee. For example, if you were cross-country skiing on a marked trail and were hit by a park employee driving a vehicle along that trail, you could have grounds for a lawsuit.
The second exception applies if your injury was caused by the failure of a public entity or employee to provide
When You Can Claim Compensation for Snow/Ice Injuries
In addition to the law described above, there are several other Illinois laws that limit liability for injuries related to snow and ice removal, general maintenance of streets and sidewalks, and participation in hazardous recreational activities. Also, many recreational facilities require customers to sign liability waivers.
For example, numerous people have been injured or killed in Chicago by large chunks of ice falling off buildings. Many of these people have received compensation for their injuries from the building owners, who were deemed negligent for failing to warn pedestrians of a known danger.
Similarly, if you are injured by faulty rental equipment or poorly maintained facilities while ice skating or skiing, you could have grounds for a lawsuit.
Consult a Schaumburg Personal Injury Attorney
If you have been injured in a winter accident that can be attributed to someone else’s negligence, see a doctor and then consult a knowledgeable Palatine personal injury lawyer. At Drost, Gilbert, Andrew & Apicella, LLC, you will receive the personal attention of a small firm with
About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.