Illinois General Assembly - Illinois Compiled Statutes

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745 ILCS 10/3-102

(745 ILCS 10/3-102) (from Ch. 85, par. 3-102)

Sec. 3-102.

(a) Except
as otherwise provided in this Article, 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 to use the
property in a manner in which and at such times as it was reasonably
foreseeable that it would be used, and shall not be liable for injury
unless it is proven that it has actual or constructive notice of the
existence of such a condition that is not reasonably safe in reasonably
adequate
time prior to an injury to have taken measures to remedy or protect against
such condition.

(b) A public entity does not have constructive notice of a condition of
its property that is not reasonably safe within the meaning of Section
3-102(a) if it establishes either:

(1) The existence of the condition and its character of not being
reasonably safe would not have been discovered by an inspection system that
was reasonably adequate considering the practicability and cost of
inspection weighed against the likelihood and magnitude of the potential
danger to which failure to inspect would give rise to inform the public
entity whether the property was safe for the use or uses for which the
public entity used or intended others to use the public property and for
uses that the public entity actually knew others were making of the public
property or adjacent property; or

(2) The public entity maintained and operated such an inspection system
with due care and did not discover the condition.

(Source: P.A. 84-1431.)