IL
Fracture settlements
in Illinois.
Illinois fall cases often turn on whether the hazard was open and obvious. A woman who broke her foot on a Chicago street lost for that reason, while another who broke her wrist tripping over a hose won a new trial.
Facts that decide a fracture claim in Illinois
| Open and obvious hazards | Where the physical condition is undisputed and would be seen by a reasonable person, a court can find it open and obvious as a matter of law and end the case.Ballog v. City of Chicago (Ill. App. 2012) |
|---|---|
| Suing a city or county | No action may be brought against a local public entity or its employees unless it is “commenced within one year from the date that the injury was received or the cause of action accrued.”745 ILCS 10/8-101(a), as quoted in Harvest Church v. City of East St. Louis (Ill. App. 2011) |
| Fault rule | You are barred only if your contributory fault is more than 50% of the proximate cause of the injury; otherwise the award is reduced by your share.735 ILCS 5/2-1116, as explained in Gratzle v. Sears, Roebuck (Ill. App. 1993) |
| Deadline to sue | Two years: injury actions “shall be commenced within 2 years next after the cause of action accrued.”735 ILCS 5/13-202, as quoted in Mickiewicz v. Generations at Regency (Ill. App. 2020) |
| Claims against the State | One year in the Court of Claims, with a cap of $2,629,104 in 2026 that does not apply to state vehicle crashes.705 ILCS 505/8 and 505/22-1, in the MyClaimWorth notice of claim chart |