Ostergren v. Forest Preserve District

In Ostergren v. Forest Preserve District (1984), 104 Ill. 2d 128, 471 N.E.2d 191, 83 Ill. Dec. 892, the Court held that section 5--1(I) of the Illinois Snowmobile Registration and Safety Act (Snowmobile Act) (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 605--1(I)), was constitutional. That section provided: "An Owner, lessee, or occupant of premises owes no duty to keep the premises safe for entry or use by others for snowmobiling, or to give warning of any unsafe condition or use of or structure or activity on such premises. This subsection does not apply where permission to snowmobile is given for a valuable consideration other than to this State, any political subdivision or municipality thereof, or any landowner who is paid with funds from the Snowmobile Trail Establishment Fund." In Ostergren the majority of the Supreme Court determined that a 1984 amendment to section 5--1(I) of the Snowmobile Act allowing recovery for willful or malicious failure to guard or warn against a dangerous condition should not be applied retroactively. That amendment, Public Act 83--1044, eff. January 5, 1984, added to Section 5--1(I) as follows: "Nothing in this section limits in any way liability which otherwise exists for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity."