Interpretation of Section 3-102(A) of the Tort Immunity Act
In Nelson v. Northeast Illinois Regional Commuter R.R. Corp., 364 Ill. App. 3d 181, 190, 845 N.E.2d 884, 301 Ill. Dec. 19 (2006), the court addressed the application of section 3-102(a) of the Tort Immunity Act.
The issue in Nelson involved the scope of immunity under section 3-102(a) and whether it could apply to an "activity" on the property or only to "conditions" on the property. Nelson, 364 Ill. App. 3d at 189.
The Court held that section 3-102(a) immunity applies when two requirements are met:
(1) the injured party was not an intended and permitted user of the property;
(2) the injury arose from the condition on the property." Nelson, 364 Ill. App. 3d at 190.