ILCS » Chapter 410 · Act 39
Illinois Compiled Statutes

410 ILCS 39/15 (2026)

Liability

✓ current as of May 2026
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(410 ILCS 39/15)
    Sec. 15. Liability.
    (a) A retail establishment or an employee of a retail establishment is not civilly liable for any act or omission in allowing a customer that has an eligible medical condition to use an employee toilet facility that is not a public restroom if the act or omission meets all of the following:
        (1) It is not willful or grossly negligent.
        (2) It occurs in an area of the retail establishment
    
that is not accessible to the public.
        (3) It results in an injury to or death of the
    
customer or any individual other than an employee accompanying the customer.
    (b) A retail establishment is not required to make any physical changes to an employee toilet facility under this Act.
(Source: P.A. 94-450, eff. 8-4-05.)

    
Notes of Decisions
Cited in 2 cases, 2016–2017 · leading case: Pilotto v. Urban Outfitters West, L.L.C., 2016 IL App (1st) 160844 (Ill. App. Ct. 2017).
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Pilotto v. Urban Outfitters West, L.L.C., 2016 IL App (1st) 160844 (Ill. App. Ct. 2017). · cites it 3× “410 ILCS 39/15 (West 2014). The provision expressly covers the situation in which complying retailers are excluded from civil liability, but, contrary to plaintiff’s assertion, has no language expressly granting a private right of action to customers when the complying…”
Pilotto v. Urban Outfitters West, L.L.C., 2016 IL App (1st) 160844 (Ill. App. Ct. 2016). · cites it 3× “410 ILCS 39/15 (West 2014). The provision expressly covers the situation in which complying retailers are excluded from civil liability, but, contrary to plaintiff’s assertion, has no language expressly granting a private right of action to customers when the complying…”
— 410 ILCS 39/15(a) — 2 cases
Pilotto v. Urban Outfitters West, L.L.C., 2016 IL App (1st) 160844 (Ill. App. Ct. 2017). “410 ILCS 39/15 (West 2014). The provision expressly covers the situation in which complying retailers are excluded from civil liability, but, contrary to plaintiff’s assertion, has no language expressly granting a private right of action to customers when the complying…”
Pilotto v. Urban Outfitters West, L.L.C., 2016 IL App (1st) 160844 (Ill. App. Ct. 2016). “410 ILCS 39/15 (West 2014). The provision expressly covers the situation in which complying retailers are excluded from civil liability, but, contrary to plaintiff’s assertion, has no language expressly granting a private right of action to customers when the complying…”
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