People are harmed on public property every day. Sidewalks that have been improperly maintained, causing someone to slip, trip, or fall and hurt themselves. Traffic lights that have gone out and cause motor vehicle accidents. Similar to premises liability, in some circumstances, a local municipality can be held liable for negligence if someone is injured.
With over 50 years combined experience, the Law Office of Martin L. Glink provides personalized, high quality legal representation to aggressively protect the rights of our clients who are injured under these circumstances.
Under Illinois law, a public employer may be held liable for the negligent, malicious, willful, wanton (reckless) or criminal acts of its employees when those acts are committed in the course and scope of employment. Similarly, if a public employee is immune from suit, the public entity that employs him or her is also immune.
However, the government also enjoys a certain amount of immunity under the Local Government and Governmental Employees’ Tort Immunity Act (745 ILCS 10/1-101 et seq.). Ultimately, whether or not a local government can be held liable for negligence or recklessness, depends heavily on its role in and its knowledge about the given situation. For example, it can be difficult to bring an action against a water municipality because it is usually operating in a government capacity. However, if it owns the property in question, or knows it is producing contaminated water, it could be liable for negligence and/or the negligence of its employees.
In Illinois, a municipality must exercise ordinary care in its ownership of property. An injured victim can successfully bring an action for negligence by arguing that the municipality was responsible for the injury if the injury resulted from the municipality’s ownership and/or management of the property. This can include any dangerous condition that the municipality was aware of and failed to correct as well as any motor vehicles owned and operated by the municipality. Park Districts conducting hazardous recreational activities may be immune from negligence but not from willful and wanton misconduct. This holds true too for 911 dispatchers, and police officers enforcing The Domestic Violence Act, (750 ILCS 60/305) (i.e. orders of protection).
In addition, the Tort Immunity Act does not apply to cases brought under such claims as breach of contract or the Workers’ Compensation Act.
If you have been injured, contact our firm at (847) 394-4900 or online for a free consultation with one of our attorneys. You can also learn more about our firm here. We are here to listen and help.
Several years ago, I was involved in a very serious crash. While driving to work on the highway, a semi truck hit me. As a result, I hired Marty Glink to represent me. My case lasted over 6 years and Marty helped me through the entire event. When you think of a stereotypical personal injury lawyer, i.e. ambulance chaser, Marty couldn’t be further away from that description. He is one of the kindest, compassionate and empathetic people I have had the fortune to know. I sincerely feel no other lawyer would have defended me, as well as Marty did. He went above and beyond, not to mention, he always treated me with respect. I wasn’t just another ‘client’ to him, but rather a human being. My case was extremely complicated; however, Marty took care of everything that was necessary, in order to get to my settlement. He always took my calls, listened intently and never made me feel uncomfortable. Rather, he always put me at ease. He played an enormous part in my life for 6+ years and I do consider him a friend. If anyone I know ever needed a personal injury attorney, there would be absolutely no hesitation in recommending Marty. It is because of Marty, I have been able to get to where I am in life. Even though the crash has left me permanently disabled, I am sincerely happy.
Marty is a very knowledgeable and compassionate lawyer. He always made me feel at ease and guided me through the process. I don’t know how I would have gotten through all of it without him and the best part is we won my case!
I can’t thank you enough for the outstanding job you did on my case. You left no stone unturned and were totally thorough. Both my husband and I were so impressed with your detailed and comprehensive presentation in court as well as your very convincing arguments. We have told our family, friends and acquaintances of your handling of our case. We totally praised you and recommended that everybody should use your services when in need of a fine attorney. I hope you and your wife will be our guest for dinner on any evening convenient for you. We want to thank you and show you how much we appreciated what you did for us. Please keep in touch and let us know when you are available.
In 2009 my family and I decided to hire Marty as our attorney. We have known Marty quite some time before that and we’re very Comfortable with our decision. Our case was a prolonged one due to ongoing medical treatment. Marty showed great empathy during this frustrating time for both myself and my family. First and most importantly he would follow up with calls just to see how I was doing and would always keep me posted on any news that has happened. Marty is very detailed and is very organized. He kept his notes very organized. He seemed to always remember all the little details that he noted during the 5 years of my case. Marty was outstanding presenting himself to the judge during the pre-trials. Everything Marty predicted was spot on. His skills made the settlement a quick one once it got to pretrial. I can confidently recommend Marty and will ask for his representation if needed again.