ILCS » Chapter 745 · Act 10
Illinois Compiled Statutes

745 ILCS 10/1-210 (2026)

"Willful and wanton conduct" as used in this Act means a course of action which shows an actual or deliberate intention to cause harm or which, if not intentional, shows an utter indifference to or conscious disregard for the safety of others or their property

✓ current as of May 2026
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(745 ILCS 10/1-210) (from Ch. 85, par. 1-210)
    Sec. 1-210. "Willful and wanton conduct" as used in this Act means a course of action which shows an actual or deliberate intention to cause harm or which, if not intentional, shows an utter indifference to or conscious disregard for the safety of others or their property. This definition shall apply in any case where a "willful and wanton" exception is incorporated into any immunity under this Act.
(Source: P.A. 90-805, eff. 12-2-98.)


 
    (745 ILCS 10/Art. II heading)
ARTICLE II - GENERAL PROVISIONS RELATING TO IMMUNITY


 
    (745 ILCS 10/Art. II Pt.1 heading)
PART 1. IMMUNITY OF LOCAL PUBLIC ENTITIES

    
Notes of Decisions
Cited in 129 cases (22 in the last 5 years), 1994–2026 · leading case: Floyd Ex Rel. Floyd v. Rockford Park Dist., 823 N.E.2d 1004 (Ill. App. Ct. 2005).
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Floyd Ex Rel. Floyd v. Rockford Park Dist., 823 N.E.2d 1004 (Ill. App. Ct. 2005). · cites it 5× “1 (West 2002)), contending, among other things, that they were immune from liability pursuant to section 3-108 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/3-108 (West 2002)) because plaintiff failed to plead specific facts amounting…”
Cohen v. Chicago Park Dist., 2017 IL 121800 (Ill. 2017). · cites it 2× “Defendant maintains, however, that its conduct in repairing the crack cannot, as a matter of law, be deemed willful and wanton. Therefore, defendant contends, it is entitled to summary judgment on this ground.”
Thurman v. Champaign Park Dist., 2011 IL App (4th) 101024 (Ill. App. Ct. 2011). · cites it 3× “ILCS 10/3-106 (West 2008)) made it immune from liability for mere negligence claims that were related to the condition of a recreational property and plaintiffs’ allegations, -2- in both form and substance, constituted “no more than mere negligence”; (2) plaintiffs’ allegations…”
Suwanski v. Vill. of Lombard, 794 N.E.2d 1016 (Ill. App. Ct. 2003). · cites it 3× “" 745 ILCS 10/1-210 (West 1998). Whether conduct is willful and wanton is ultimately a question of fact for the jury.”
In re Est. of Stewart, 2016 IL App (2d) 151117 (Ill. App. Ct. 2016). · cites it 4× “745 ILCS 10/1-210 (West 2008). Utter indifference to, or conscious disregard for, the safety of others consists of more than mere inadvertence, incompetence, or unskillfulness.”
Hudson v. City of Chicago, 881 N.E.2d 430 (Ill. App. Ct. 2007). · cites it 2× “" 745 ILCS 10/1-210 (West 2004). Willful and wanton conduct consists of more than mere inadvertence, incompetence, or unskillfulness.”
Doe-3 v. McLean Cnty. Unit Dist. No. 5 Bd. of Directors, 2012 IL 112479 (Ill. 2012). “” 745 ILCS 10/1-210 (West 2010). ¶ 87 The legislature’s use, in the last sentence of section 1-210, of the words “where a ‘willful and wanton’ exception is incorporated into any immunity under this Act,” shows that when it means to exclude willful and wanton conduct from…”
Barnett v. Zion Park Dist., 665 N.E.2d 808 (Ill. 1996). “Because they did not actually witness the incident themselves, the lifeguards who were specifically notified of Travis' plight chose to dismiss the eyewitnesses' summons rather than investigate.”
Henrich v. Libertyville High Sch., 712 N.E.2d 298 (Ill. 1999). “See 745 ILCS 10/1-210 (West 1996). I find this result untenable.”
Harris v. Thompson, 2012 IL 112525 (Ill. 2012). “¶ 41 Section 1-210 of the Tort Immunity Act defines willful and wanton conduct as follows: “ ‘Willful and wanton conduct’ as used in this Act means a course of action which shows an actual or deliberate intention to cause harm or which, if not intentional, shows an utter…”
Torres v. Peoria Park Dist., 2020 IL App (3d) 190248 (Ill. App. Ct. 2021). · cites it 2× “” 745 ILCS 10/1-210 (West 2016). “[A] course of action which *** shows an utter indifference to or conscious disregard for the safety of others or their property” “ contemplates more than mere inadvertence, incompetence, or unskillfulness.”
In re Est. of Stewart, 2016 IL App (2d) 151117 (Ill. App. Ct. 2016). · cites it 4× “745 ILCS 10/1-210 (West 2008). Utter indifference to, or conscious disregard for, the safety of others consists of more than mere inadvertence, incompetence, or unskillfulness.”
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