ILCS » Chapter 20 · Act 3305
Illinois Compiled Statutes

20 ILCS 3305/21 (2026)

No Private Liability

✓ current as of May 2026
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(20 ILCS 3305/21) (from Ch. 127, par. 1071)
    Sec. 21. No Private Liability.
    (a) Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual or impending disaster, or an exercise together with his or her successors in interest, if any, shall not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission, or for negligently causing loss of, or damage to, the property of such person.
    (b) Any private person, firm or corporation and employees and agents of such person, firm or corporation in the performance of a contract with, and under the direction of, the State, or any political subdivision of the State under the provisions of this Act shall not be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of willful misconduct.
    (c) Any private person, firm or corporation, and any employee or agent of such person, firm or corporation, who renders assistance or advice at the request of the State, or any political subdivision of the State under this Act during an actual or impending disaster, shall not be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of willful misconduct.
    The immunities provided in this subsection (c) shall not apply to any private person, firm or corporation, or to any employee or agent of such person, firm or corporation whose act or omission caused in whole or in part such actual or impending disaster and who would otherwise be liable therefor.
(Source: P.A. 98-756, eff. 7-16-14.)

    
Notes of Decisions
Cited in 7 cases (7 in the last 5 years), 2021–2024 · leading case: James v. Geneva Nursing & Rehab. Ctr., LLC, 2023 IL App (2d) 220180 (Ill. App. Ct. 2023).
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James v. Geneva Nursing & Rehab. Ctr., LLC, 2023 IL App (2d) 220180 (Ill. App. Ct. 2023). · cites it 4× “2020-19 invoked the Governor’s authority under section 21(c) of the Act (20 ILCS 3305/21(c) (West 2020)) to extend ordinary governmental tort immunity (see 745 ILCS 10/1-101 et seq.”
James v. Geneva Nursing & Rehab. Ctr., LLC, 2024 IL 130042 (Ill. 2024). · cites it 8× “2020-19, which triggered the immunity provided in 20 ILCS 3305/21(c) [(West 2020)], grant immunity for ordinary negligence claims to healthcare facilities that rendered assistance to the State during the COVID-19 pandemic?’ ” Id.”
Claybon v. SSC Westchester Operating Co. LLC (N.D. Ill. 2021). “occurred at a time when a Health Care Facility was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak, unless it is established that such injury or death was caused by gross negligence or willful…”
Walsh v. SSC Westchester Operating Co., LLC (N.D. Ill. 2021). “In § 3305/21, titled “No Private Liability,” the Act confers similar immunity on “[a]ny private person, firm, or corporation” except in cases of “willful misconduct.” 20 ILCS § 3305/21(c). The governor’s executive order excepts from liability injuries caused by “gross negligence…”
Brady v. SSC Westchester Operating Co. LLC (N.D. Ill. 2021). “In § 3305/21, titled “No Private Liability,” the Act confers similar immunity on “[a]ny private person, firm, or corporation” except in cases of “willful misconduct.” 20 ILCS § 3305/21(c). The governor’s executive order excepts from liability injuries caused by “gross negligence…”
Walsh v. SSC Westchester Operating Co., LLC (N.D. Ill. 2022). “” 20 ILCS 3305/21(c). The Act gives the governor the power to decide when there is a disaster.”
Claybon v. SSC Westchester Operating Co. LLC (N.D. Ill. 2022). “” 20 ILCS 3305/21(c). The Act gives the governor the power to decide when there is a disaster.”
— 20 ILCS 3305/21(c) — 4 cases
James v. Geneva Nursing & Rehab. Ctr., LLC, 2023 IL App (2d) 220180 (Ill. App. Ct. 2023). “2020-19 invoked the Governor’s authority under section 21(c) of the Act (20 ILCS 3305/21(c) (West 2020)) to extend ordinary governmental tort immunity (see 745 ILCS 10/1-101 et seq.”
James v. Geneva Nursing & Rehab. Ctr., LLC, 2024 IL 130042 (Ill. 2024). “2020-19, which triggered the immunity provided in 20 ILCS 3305/21(c) [(West 2020)], grant immunity for ordinary negligence claims to healthcare facilities that rendered assistance to the State during the COVID-19 pandemic?’ ” Id.”
Walsh v. SSC Westchester Operating Co., LLC (N.D. Ill. 2022). “” 20 ILCS 3305/21(c). The Act gives the governor the power to decide when there is a disaster.”
Claybon v. SSC Westchester Operating Co. LLC (N.D. Ill. 2022). “” 20 ILCS 3305/21(c). The Act gives the governor the power to decide when there is a disaster.”
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