ILCS » Chapter 745 · Act 10
Illinois Compiled Statutes

745 ILCS 10/3-104 (2026)

Neither a local public entity nor a public employee is liable under this Act for an injury caused by the failure to initially provide regulatory traffic control devices, stop signs, yield right-of-way signs, speed restriction signs, distinctive roadway markings or any other traffic regulating or warning sign, device or marking, signs, overhead lights, traffic separating or restraining devices or barriers

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(745 ILCS 10/3-104) (from Ch. 85, par. 3-104)
    Sec. 3-104. Neither a local public entity nor a public employee is liable under this Act for an injury caused by the failure to initially provide regulatory traffic control devices, stop signs, yield right-of-way signs, speed restriction signs, distinctive roadway markings or any other traffic regulating or warning sign, device or marking, signs, overhead lights, traffic separating or restraining devices or barriers.
(Source: P.A. 84-1431.)

    
Notes of Decisions
Cited in 29 cases (4 in the last 5 years), 1993–2026 · leading case: Sexton v. City of Chicago, 2012 IL App (1st) 100010, 976 N.E.2d 526.
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Sexton v. City of Chicago, 2012 IL App (1st) 100010, 976 N.E.2d 526. · cites it 17× “-2- Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/3-104 (West 2006)), which immunizes municipalities for failures to initially install traffic control devices.”
Snyder v. Curran Twp., 657 N.E.2d 988 (Ill. 1995). · cites it 2× “) 745 ILCS 10/3-104 (West 1992). "§ 3-105. * * * (b) Without implied limitation, neither a local public entity nor a public employee is liable for any injury caused by the failure of a local public entity or a public employee to upgrade any existing street, highway, alley,…”
Park v. Ne. Illinois Reg'l Commuter R.R. Corp., 2011 IL App (1st) 101283. · cites it 2× “In its section 2- 619 motion, Metra argued that under section 3-104 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/3-104 (West 2006)) it had no duty to install warning devices at Edgebrook station.”
Barnett v. Zion Park Dist., 665 N.E.2d 808 (Ill. 1996). “For example, a seemingly unqualified statutory immunity insulating public entities and employees for "failure to initially [construct] traffic control devices" (745 ILCS 10/3-104 (West 1992)) or the failure to "establish a fire department or otherwise provide fire protection"…”
Governmental Interinsurance Exch. v. Judge, 825 N.E.2d 729 (Ill. App. Ct. 4th Dist. 2005). · cites it 5× “In February 1998, the County, through its attorneys, Judge, the Judge firm, Dickson, and the Dickson firm, moved for summary judgment in the auto accident case, claiming that "pursuant to section 3-104 of the [Local Governmental and Governmental Employees Tort Immunity Act (Tort…”
Park v. Ne. Illinois Reg. Commuter, 960 N.E.2d 764 (Ill. App. Ct. 1st Dist. 2011). · cites it 2× “In its section 2-619 motion, Metra argued that under section 3-104 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/3-104 (West 2006)) it had no duty to install warning devices at Edgebrook station.”
Burns v. City of Chicago, 2016 IL App (1st) 151925, 59 N.E.3d 846. · cites it 2× “o dismiss Burns’ failure to warn claim under section 2-619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2012)), arguing that it was precluded from liability for its failure to provide barricades or warning signs in pedestrian areas under section…”
Martinelli v. City of Chicago, 2013 IL App (1st) 113040, 989 N.E.2d 702. · cites it 2× “) 745 ILCS 10/3-104 (West 2010). -6- The City’s argument here gains little legal purchase, however, because section 3-104, the section which it cites, refers to the absence of any duty to “initially” provide these sort of devices.”
Boub v. Twp. of Wayne, 702 N.E.2d 535 (Ill. 1998). “Before this court, the plaintiff briefly raises the additional argument that liability may be found under count III of his third amended complaint.”
Ballog v. City of Chicago, 2012 IL App (1st) 112429, 980 N.E.2d 690. “¶ 11 In its reply, the City raised its immunity under the Local Governmental and Governmental Employees Tort Immunity Act (the Act) (745 ILCS 10/3-104 (West 2010)) as to any contention that it should have placed warnings or barricades at the intersection.”
Burns v. City of Chicago, 2016 IL App (1st) 151925. · cites it 2× “o dismiss Burns’ failure to warn claim under section 2-619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2012)), arguing that it was precluded from liability for its failure to provide barricades or warning signs in pedestrian areas under section…”
MacH Mold Inc. v. Clover Assocs., Inc., 383 F. Supp. 2d 1015 (N.D. Ill. 2005). “” 745 ILCS 10/3-104 (West 2000); see Snyder, 212 Ill.”
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