There are several nuances to personal injury cases involving school districts. One of the nuances to suing a school district is the standard required by Illinois courts. In many cases, school districts are immune from mere negligence, and plaintiffs must plead a higher standard. Under Section 3-106 of the Tort Immunity Act, a local public entity, such as a school district, may [only] be liable for injuries caused by willful and wanton conduct. 745 ILCS 10/3-106 (West 2017). For more information about school district and municipal liability, visit our page HERE.
What is the Willful and Wanton Standard?
Under the Tort Immunity Act, willful and wanton conduct is “a course of action which shows an actual or deliberate intention to cause harm or which, if not intentional, shows an utter indifference to or conscious disregard for the safety of others or their property.” 745 ILCS 10/1-210 (West 2017). Willful and wanton conduct “includes a range of mental states from actual or deliberate intent to cause harm, to utter indifference for the safety or property of others, to conscious disregard for the safety of others or their property.” Murray v. Chicago Youth Center, 224 Ill.2d 213, 236 (2007). “Willful and wanton conduct is a hybrid between negligent acts and intentionally tortious behavior. Under the facts of one case, willful and wanton misconduct may be only degrees more than ordinary negligence, while under the facts of another case, willful and wanton acts may be only degrees less than intentional wrongdoing.” Kurczak v. Cornwell, 359 Ill. App. 3d 1051, 1060 (2d Dist. 2005). (Internal quotation marks omitted). Continue reading