Premises Liability Government Property Illinois: 4 Key Facts

Q: How long do I have to file a claim against a government entity for a premises liability injury?

Under 745 ILCS 10/8-101 (a), a civil action other than a patient-care action against a local entity or its employee must be commenced within one year from the date the injury was received or the cause of action accrued. Subsection (b) states the patient-care period. A claim against the State is outside 745 ILCS 10/1-206 . The compilation marks section 8-102 repealed.

Q: Can I sue a city for a broken sidewalk injury?

A city is a local public entity under 745 ILCS 10/1-206 . Whether a particular sidewalk claim clears an immunity in the Tort Immunity Act is a separate question. The filing period for a civil action other than a patient-care action is the one-year period in 745 ILCS 10/8-101 (a).

Last Updated: October 24, 2026

A local public entity includes a municipality, a school district, and the other local bodies named in 745 ILCS 10/1-206. That definition does not include the State. Under 745 ILCS 10/8-101(a), a civil action other than a patient-care action must be commenced within one year from the date the injury was received or the cause of action accrued. The compilation marks 745 ILCS 10/8-102 repealed.

When you are injured on property of a local public entity, such as a sidewalk, a public building, a park, or a parking lot, the Local Governmental and Governmental Employees Tort Immunity Act can apply. 745 ILCS 10/1-206 includes a county, township, municipality, school district, park district, and other local governmental bodies. It does not include the State or a State office, officer, department, division, bureau, board, commission, university, or similar State agency.

This article is part of our complete guide to premises liability claims in Illinois.

The One-Year Filing Deadline

Under 745 ILCS 10/8-101(a), no civil action other than an action described in subsection (b) may be commenced against a local entity or any of its employees for any injury unless it is commenced within one year from the date the injury was received or the cause of action accrued. Subsection (b) is a patient-care action. It uses two years from knowledge or written notice, with a four-year outer limit. The compilation marks 745 ILCS 10/8-102 repealed. This page does not add a separate pre-suit notice deadline, and it does not give a deadline for a claim against the State.

Because the window is short, act promptly: photograph the condition, note the exact date, time, and location, and get the claim to a lawyer long before the year runs.

Government Immunities

The Tort Immunity Act provides government entities with various immunities that do not apply to private property owners:

Discretionary immunity (745 ILCS 10/2-201): Governments are immune for discretionary policy decisions, such as how to allocate maintenance budgets. The distinction between discretionary (immune) and ministerial (not immune) acts is frequently litigated.
Snow and ice immunity (745 ILCS 10/3-105): Government entities have immunity for injuries caused by the natural accumulation of snow and ice on public property, with limited exceptions.
Recreational property immunity (745 ILCS 10/3-106): Limited immunity for injuries on property used for recreational purposes.

When Government Entities Are Liable

Despite the immunities, government entities are still liable in many situations. They must maintain public buildings, sidewalks, and parks in reasonably safe condition. When a government entity has actual or constructive notice of a dangerous condition and fails to repair it or warn visitors, standard negligence principles apply. Common successful claims involve broken sidewalks, defective staircases in public buildings, unmaintained playground equipment, and hazards in government office buildings.

Damages Limitations

The Tort Immunity Act imposes a punitive damages prohibition, you cannot recover punitive damages from a government entity (745 ILCS 10/2-102). However, compensatory damages for medical expenses, lost wages, pain and suffering, and other losses are available.

Frequently Asked Questions

How long do I have to file a claim against a government entity for a premises liability injury?

Under 745 ILCS 10/8-101(a), a civil action other than a patient-care action against a local entity or its employee must be commenced within one year from the date the injury was received or the cause of action accrued. Subsection (b) states the patient-care period. A claim against the State is outside 745 ILCS 10/1-206. The compilation marks section 8-102 repealed.

Can I sue a city for a broken sidewalk injury?

A city is a local public entity under 745 ILCS 10/1-206. Whether a particular sidewalk claim clears an immunity in the Tort Immunity Act is a separate question. The filing period for a civil action other than a patient-care action is the one-year period in 745 ILCS 10/8-101(a).

Are punitive damages available against government entities?

No. The Tort Immunity Act prohibits punitive damages against local government entities and their employees. You can recover compensatory damages, medical bills, lost wages, pain and suffering, but not punitive damages.

Talk to a Peoria Premises Liability Lawyer

Call 309-673-0069 or contact us online for a free consultation. At Parker & Parker Attorneys at Law, we handle premises liability cases on a contingency fee basis, you pay nothing unless we recover compensation for you.

Premises liability injuries can result in significant medical costs. experienced personal injury lawyer Robert Parker is here to help.

Need a lawyer? This article is part of our Peoria Premises Liability Lawyer practice area. Call Parker & Parker at 309-673-0069 for a free consultation.

Premises Liability Claims Against Government Entities in Illinois