Skateboarding, swimming, ice-skating — PDRMA members offer a wide range of activities to patrons and strive to make them as safe as reasonably possible. But accidents still happen, and so do personal injury lawsuits.

The Illinois’ Tort Immunity Act’s express purpose is “to protect local public entities and public employees from liability arising from the operation of government” and provides...

The right signage in the right place is a key tool to maximize both safety and your agency’s successful defense against a liability claim. By clearly defining hours of operation, age restrictions, equipment and supervisory requirements, and communicating key ordinances, signage provides important safety information and spells out who are “intended and permitted” users — critical to the availability and application of statutory defenses under the Tort Immunity Act.

“A PDRMA member had two playgrounds, one for children up to age 5 and the other for older kids,” recounts Eric Hohenstein, PDRMA Claims Supervisor. “The signage at the playground for younger children specifically stated the allowable ages. A teenager was injured when a swing she was using in the playground for children up to five years old broke. The signage clearly proved the teenager was not an intended or permitted user of that playground, and PDRMA successfully defended the member.”

“At times, patrons do not use public recreation property well or wisely,” says Steve Kleinman, PDRMA General Counsel. However, from a liability perspective, Illinois law only imposes a duty for members to maintain property for intended and permitted use."

By clearly posting signs, PDRMA members demonstrate they are concerned about the safety of patrons...

Under the Tort Immunity Act, if a plaintiff can prove he is an intended and permitted user of member property, he's on his way to first base.

However, to get to second base, the plaintiff must then establish the following...

Ordinances establish permanent rules and regulations for use of member property and facilities — including clarification and communication of “intended and permitted” use. Violation of an ordinance is often critical evidence in the defense of a personal injury action...