ILCS » Chapter 745 · Act 10
Illinois Compiled Statutes

745 ILCS 10/3-103 (2026)

(a) A local public entity is not liable under this Article for an injury caused by the adoption of a plan or design of a construction of, or an improvement to public property where the plan or design has been approved in advance of the construction or improvement by the legislative body of such entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved

✓ current as of May 2026
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(745 ILCS 10/3-103) (from Ch. 85, par. 3-103)
    Sec. 3-103. (a) A local public entity is not liable under this Article for an injury caused by the adoption of a plan or design of a construction of, or an improvement to public property where the plan or design has been approved in advance of the construction or improvement by the legislative body of such entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved. The local public entity is liable, however, if after the execution of such plan or design it appears from its use that it has created a condition that it is not reasonably safe.
    (b) A public employee is not liable under this Article for an injury caused by the adoption of a plan or design of a construction of, or an improvement to public property.
(Source: Laws 1965, p. 2983.)

    
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1995–2025 · leading case: Monson v. City of Danville, 2018 IL 122486 (Ill. 2018).
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Monson v. City of Danville, 2018 IL 122486 (Ill. 2018). “2 The article III immunities include the following: immunity for adoption of a plan or design (745 ILCS 10/3-103 (West 2012) ), immunity for failure to initially provide traffic control devices or signs ( id.”
Snyder v. Curran Twp., 657 N.E.2d 988 (Ill. 1995). “" 745 ILCS 10/3-103(a) (West 1992). *994 "§ 3-104.”
Tzakis v. Berger Excavating Contractors, Inc., 2019 IL App (1st) 170859 (Ill. App. Ct. 2019). “Counts XXXVII (against the District), LVIII (against Park Ridge), and LXXV (against Maine Township) were for “duty to remedy dangerous plan” and alleged that section 3-103 of the Tort Immunity Act (745 ILCS 10/3-103 (West 3 The complaint also contained a number of additional…”
Boub v. Twp. of Wayne, 702 N.E.2d 535 (Ill. 1998). “Counts I and IV, sounding in negligence and willful and wanton misconduct, alleged that the defendants violated a duty owed to the plaintiff under section 3-102(a) of the Local Governmental and Governmental Employees Tort *537 Immunity Act (745 ILCS 10/3-102(a) (West 1996))…”
Robinson v. Washington Twp., 2012 IL App (3d) 110177 (Ill. App. Ct. 2012). · cites it 3× “745 ILCS 10/3-103(a) ( West 2008 ). These statutory exceptions to immunity reinforce our conclusion that making repairs are ministerial, not discretionary, acts.”
Salvi v. The Vill. of Lake Zurich, 2016 IL App (2d) 150249 (Ill. App. Ct. 2016). “745 ILCS 10/3-103(a) (West 2014). Section 3-103(a) insulates a local public entity from liability “for an injury caused by the adoption of a plan or design of a construction of, or an improvement to public property,” but it states that the entity will be liable “if after the…”
Sexton v. City of Chicago, 2012 IL App (1st) 100010 (Ill. App. Ct. 2012). “14 For example, section 3-103(a) (745 ILCS 10/3-103(a) (West 2006)) grants immunity for injury caused by a municipality’s adoption of a plan or design for public improvement where that plan or design is approved by proper authority. Similarly, section 2-201 (745 ILCS 10/2-201 (…”
Salvi v. Vill. of Lake Zurich, 2016 IL App (2d) 150249 (Ill. App. Ct. 2017). “745 ILCS 10/3-103(a) ( West 2014 ). Section 3-103(a) - 11 - insulates a local public entity from liability “for an injury caused by the adoption of a plan or design of a construction of, or an improvement to public property,” but it states that the entity will be liable “if…”
Knight v. City of Chicago, 700 N.E.2d 110 (Ill. App. Ct. 1998). “" 745 ILCS 10/3-102(a) (West 1994). Therefore, under the Act, the City is liable if, after it constructs or improves public property "it appears from its use that [the City] has created a condition that is not reasonably safe.”
Bernal v. City of Hoopeston, 718 N.E.2d 229 (Ill. App. Ct. 1999). “) 745 ILCS 10/3-103(a) (West 1994). Further, where a city undertakes to do something, but does it improper­ly, it may be liable.”
Chiriboga v. Nat'l R.R. Passenger Corp., 687 F. Supp. 2d 764 (N.D. Ill. 2009). “The first three are traffic warning signs or devices and the fourth a traffic barrier, all of which are included in the scope of 3-104. Chiriboga also argues that the lack of the items identified above constitutes part of the “plan or design” of the station.”
Mankame v. Bloomingdale Twp., 2024 IL App (3d) 230381-U (Ill. App. Ct. 2024). “745 ILCS 10/3-103(a) (West 2020) (“Adoption of plan or design of improvement of property”).”
Show all 14 citing cases →
— 745 ILCS 10/3-103(a) — 10 cases
Snyder v. Curran Twp., 657 N.E.2d 988 (Ill. 1995). “" 745 ILCS 10/3-103(a) (West 1992). *994 "§ 3-104.”
Robinson v. Washington Twp., 2012 IL App (3d) 110177 (Ill. App. Ct. 2012). “745 ILCS 10/3-103(a) ( West 2008 ). These statutory exceptions to immunity reinforce our conclusion that making repairs are ministerial, not discretionary, acts.”
Salvi v. The Vill. of Lake Zurich, 2016 IL App (2d) 150249 (Ill. App. Ct. 2016). “745 ILCS 10/3-103(a) (West 2014). Section 3-103(a) insulates a local public entity from liability “for an injury caused by the adoption of a plan or design of a construction of, or an improvement to public property,” but it states that the entity will be liable “if after the…”
Sexton v. City of Chicago, 2012 IL App (1st) 100010 (Ill. App. Ct. 2012). “14 For example, section 3-103(a) (745 ILCS 10/3-103(a) (West 2006)) grants immunity for injury caused by a municipality’s adoption of a plan or design for public improvement where that plan or design is approved by proper authority. Similarly, section 2-201 (745 ILCS 10/2-201 (…”
Salvi v. Vill. of Lake Zurich, 2016 IL App (2d) 150249 (Ill. App. Ct. 2017). “745 ILCS 10/3-103(a) ( West 2014 ). Section 3-103(a) - 11 - insulates a local public entity from liability “for an injury caused by the adoption of a plan or design of a construction of, or an improvement to public property,” but it states that the entity will be liable “if…”
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