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Colin Dunn Pens Article on Section 3-102 of the Tort Immunity Act

Colin H. Dunn, partner at Clifford Law Offices and columnist for the Chicago Daily Law Bulletin, penned an article published May 12, 2014 edition entitled, "School Loses Bid For Immunity In Suit Over Girl's Fall In 'Cafetorium.'" In the article, Dunn discusses a recent First District Appellate Court decision ruling that a school's combined cafeteria-auditorium did not qualify as recreational property, and thus the district was not exempt from tort liability. Under current Illinois law, for the purpose of keeping liability insurance at a reasonable rate, a governmental entity is immune for injuries occurring on "any public property intended or permitted to be used for recreational purposes, including but not limited to parks, playgrounds, open areas, buildings or other enclosed recreational facilities, unless such local entity or public employee is guilty of willful and wanton conduct proximately causing such injury." 745 ILCS 10/3-106. The Court began its analysis of "recreational property" by noting that it is not the type of property that determines whether the property is recreational, but instead the intended or permitted uses of the property. To read Colin Dunn's entire article, including an in-depth analysis of what is considered "recreational property," click here.


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