Personal injury case against multiple defendants arising out of injuries plaintiff sustained when she slipped and fell on a puddle of water leaking from a water cooler inside a commercial building that was occupied by a school. The circuit court granted motions to dismiss filed by the school district defendants on the basis that they were immune under section 2-105 of the Local Government and Governmental Tort Immunity Act. The appellate court reversed, finding that section 2-105 was directed only toward local public entities whose function is to conduct formal health and safety inspections of properties other than their own and that the defendants failed to meet their burden of proving they were immune from plaintiff’s claims of negligence arising out of their alleged failure to inspect the water cooler prior to using it at a school function. (LAMPKIN and MARTIN, concurring)
Illinois Appellate Court
Civil Court
Local Government Tort Immunity