ILCS » Chapter 745 · Act 10
Illinois Compiled Statutes

745 ILCS 10/3-109 (2026)

(a) Neither a local public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity

✓ current as of May 2026
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(745 ILCS 10/3-109) (from Ch. 85, par. 3-109)
    Sec. 3-109. (a) Neither a local public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity.
    (b) As used in this Section, "hazardous recreational activity" means a recreational activity conducted on property of a local public entity which creates a substantial (as distinguished from a minor, trivial, or insignificant) risk of injury to a participant or a spectator.
    "Hazardous recreational activity" also means:
        (1) Water contact activities, except diving, in
    
places where or at a time when lifeguards are not provided and reasonable warning thereof has been given or the injured party should reasonably have known that there was no lifeguard provided at the time.
        (2) Diving at any place or from any structure where
    
diving is prohibited and reasonable warning as to the specific dangers present has been given.
        (3) Animal racing, archery, bicycle racing or
    
jumping, off-trail bicycling, boat racing, cross-country and downhill skiing, sledding, tobogganing, participating in an equine activity as defined in the Equine Activity Liability Act, hang gliding, kayaking, motorized vehicle racing, off-road motorcycling or four-wheel driving of any kind, orienteering, pistol and rifle shooting, rock climbing, rocketeering, rodeo, spelunking, sky diving, sport parachuting, body contact sports (i.e., sports in which it is reasonably foreseeable that there will be rough bodily contact with one or more participants), surfing, trampolining, tree climbing, tree rope swinging where the person or persons furnished their own rope, water skiing, white water rafting, and wind surfing.
    (c) Notwithstanding the provisions of subsection (a), this Section does not limit liability which would otherwise exist for any of the following:
        (1) Failure of the local public entity or public
    
employee to guard or warn of a dangerous condition of which it has actual or constructive notice and of which the participant does not have nor can be reasonably expected to have had notice.
        (2) An act of willful and wanton conduct by a public
    
entity or a public employee which is a proximate cause of the injury.
    Nothing in this subsection creates a duty of care or basis of liability for personal injury or for damage to personal property.
    (d) Nothing in this Section shall limit the liability of an independent concessionaire, or any person or organization other than the local public entity or public employee, whether or not the person or organization has a contractual relationship with the public entity to use the public property, for injuries or damages suffered in any case as a result of the operation of a hazardous recreational activity on public property by the concessionaire, person, or organization.
(Source: P.A. 89-111, eff. 7-7-95; 89-502, eff. 6-28-96.)

    
Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1997–2026 · leading case: Spangenberg v. Verner, 747 N.E.2d 359 (Ill. App. Ct. 2001).
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Spangenberg v. Verner, 747 N.E.2d 359 (Ill. App. Ct. 2001). · cites it 4× “Additionally, the court found that sections 3-108 and 3-109 of the Tort Immunity Act (745 ILCS 10/3-108 (West 1996); 745 ILCS 10/3-109 (West 1998)) provided immunity for the Park District as to count III.”
Choice v. YMCA of McHenry Cnty., 2012 IL App (1st) 102877 (Ill. App. Ct. 2012). · cites it 5× “” 745 ILCS 10/3-109 (West 2008). ¶ 26 The school defendants contend that section 3-109, by its terms, does not apply to the instant case, because paddleboating does not constitute a “hazardous recreational activity” and because the paddleboating incident was not “conducted on…”
McGurk v. Lincolnway Cmty. Sch. Dist. No. 210, 679 N.E.2d 71 (Ill. App. Ct. 1997). · cites it 4× “" 745 ILCS 10/3-109 (West 1992). *73 One such exception is found in Section 3-109 of the Tort Immunity Act.”
People v. Wilson, 935 N.E.2d 587 (Ill. App. Ct. 2010). “1 (West 2008); 735 ILCS 5/2-1116 (West 2008); 740 ILCS 180/2 (West 2008); 745 ILCS 10/3-109 (West 2008); 745 ILCS 43/15 (West 2008).”
Hascall v. Williams, 2013 IL App (4th) 121131 (Ill. App. Ct. 2013). “The supreme court determined that section 3-109 of the Tort Immunity Act (745 ILCS 10/3-109 (West 1992)), which specifically covered immunity for a person’s voluntary participation in hazardous recreational activities–including trampolining–prevailed over sections 2-201 (745…”
Perez v. The Chicago Park Dist., 2016 IL App (1st) 153101 (Ill. App. Ct. 2016). · cites it 2× “” 745 ILCS 10/3-109(b) (West 2014). Perez then points to section 3-109(b)(3), which contains a laundry list of hazardous activities, including “rocketeering.”
Perez v. Chicago Park Dist., 2016 IL App (1st) 153101 (Ill. App. Ct. 2016). · cites it 2× “” 745 ILCS 10/3-109(b) (West 2014). Perez then points to section 3-109(b)(3), which contains a laundry list of hazardous activities, including “rocketeering.”
Donovan v. Communit Unit Sch. Dist. 303, 2015 IL App (2d) 140704 (Ill. App. Ct. 2015). “The defendants asserted immunity pursuant to the Snowmobile Registration and Safety Act (625 ILCS 40/5-1(N) (West 1994)) and section 3-109 of the Tort Immunity Act (745 ILCS 10/3-109 (West 1994)). Jost, 286 Ill.”
Donovan v. Communit Unit Sch. Dist. 303, 2015 IL App (2d) 140704 (Ill. App. Ct. 2015). “The defendants asserted immunity pursuant to the Snowmobile Registration and Safety Act (625 ILCS 40/5-1(N) (West 1994)) and section 3-109 of the Tort Immunity Act (745 ILCS 10/3-109 (West 1994)). Jost, 286 Ill.”
Bahrenburg v. At & T Broadband LLC, 425 F. Supp. 2d 912 (N.D. Ill. 2006). · cites it 2× “745 ILCS 10/3-109(0 (West 2006). Comcast argues that it has properly pled both exceptions.”
Murray v. Chicago Youth Ctr. (Ill. App. Ct. 2004). · cites it 5× “" 745 ILCS 10/3-109 (West 1992). Section 3-109(b)(3) of the Act states: "(b) As used in this Section, 'hazardous recreational activity' means a recreational activity conducted on property of a local public entity which creates a substantial (as distinguished from a minor,…”
Spangenberg v. Verner Text corrected (Ill. App. Ct. 2001). · cites it 4× “Additionally, the court found that sections 3-108 and 3-109 of the Tort Immunity Act (745 ILCS 10/3-108 (West 1996); 745 ILCS 10/3-109 (West 1998)) provided immunity for the Park District as to count III.”
Show all 18 citing cases →
— 745 ILCS 10/3-109(a) — 5 cases
McGurk v. Lincolnway Cmty. Sch. Dist. No. 210, 679 N.E.2d 71 (Ill. App. Ct. 1997). “" 745 ILCS 10/3-109 (West 1992). *73 One such exception is found in Section 3-109 of the Tort Immunity Act.”
Bahrenburg v. At & T Broadband LLC, 425 F. Supp. 2d 912 (N.D. Ill. 2006). “745 ILCS 10/3-109(0 (West 2006). Comcast argues that it has properly pled both exceptions.”
Murray v. Chicago Youth Ctr. (Ill. App. Ct. 2004). “" 745 ILCS 10/3-109 (West 1992). Section 3-109(b)(3) of the Act states: "(b) As used in this Section, 'hazardous recreational activity' means a recreational activity conducted on property of a local public entity which creates a substantial (as distinguished from a minor,…”
Steinbach v. CSX Transp., Inc., 913 N.E.2d 554 (Ill. App. Ct. 2009).
Grandalski v. Lyons Twp. HS Dist. 204 (Ill. App. Ct. 1999).
— 745 ILCS 10/3-109(b) — 8 cases
Choice v. YMCA of McHenry Cnty., 2012 IL App (1st) 102877 (Ill. App. Ct. 2012). “” 745 ILCS 10/3-109 (West 2008). ¶ 26 The school defendants contend that section 3-109, by its terms, does not apply to the instant case, because paddleboating does not constitute a “hazardous recreational activity” and because the paddleboating incident was not “conducted on…”
Spangenberg v. Verner, 747 N.E.2d 359 (Ill. App. Ct. 2001). “Additionally, the court found that sections 3-108 and 3-109 of the Tort Immunity Act (745 ILCS 10/3-108 (West 1996); 745 ILCS 10/3-109 (West 1998)) provided immunity for the Park District as to count III.”
Perez v. The Chicago Park Dist., 2016 IL App (1st) 153101 (Ill. App. Ct. 2016). “” 745 ILCS 10/3-109(b) (West 2014). Perez then points to section 3-109(b)(3), which contains a laundry list of hazardous activities, including “rocketeering.”
Perez v. Chicago Park Dist., 2016 IL App (1st) 153101 (Ill. App. Ct. 2016). “” 745 ILCS 10/3-109(b) (West 2014). Perez then points to section 3-109(b)(3), which contains a laundry list of hazardous activities, including “rocketeering.”
Perez v. The Chicago Park Dist., 2016 IL App (1st) 153101 (Ill. App. Ct. 2016).
— 745 ILCS 10/3-109(b)(1) — 1 case
Choice v. YMCA of McHenry Cnty., 2012 IL App (1st) 102877 (Ill. App. Ct. 2012). “” 745 ILCS 10/3-109 (West 2008). ¶ 26 The school defendants contend that section 3-109, by its terms, does not apply to the instant case, because paddleboating does not constitute a “hazardous recreational activity” and because the paddleboating incident was not “conducted on…”
— 745 ILCS 10/3-109(b)(3) — 3 cases
Choice v. YMCA of McHenry Cnty., 2012 IL App (1st) 102877 (Ill. App. Ct. 2012). “” 745 ILCS 10/3-109 (West 2008). ¶ 26 The school defendants contend that section 3-109, by its terms, does not apply to the instant case, because paddleboating does not constitute a “hazardous recreational activity” and because the paddleboating incident was not “conducted on…”
McGurk v. Lincolnway Cmty. Sch. Dist. No. 210, 679 N.E.2d 71 (Ill. App. Ct. 1997). “" 745 ILCS 10/3-109 (West 1992). *73 One such exception is found in Section 3-109 of the Tort Immunity Act.”
Murray v. Chicago Youth Ctr. (Ill. App. Ct. 2004). “" 745 ILCS 10/3-109 (West 1992). Section 3-109(b)(3) of the Act states: "(b) As used in this Section, 'hazardous recreational activity' means a recreational activity conducted on property of a local public entity which creates a substantial (as distinguished from a minor,…”
— 745 ILCS 10/3-109(c) — 2 cases
Spangenberg v. Verner, 747 N.E.2d 359 (Ill. App. Ct. 2001). “Additionally, the court found that sections 3-108 and 3-109 of the Tort Immunity Act (745 ILCS 10/3-108 (West 1996); 745 ILCS 10/3-109 (West 1998)) provided immunity for the Park District as to count III.”
Spangenberg v. Verner Text corrected (Ill. App. Ct. 2001). “Additionally, the court found that sections 3-108 and 3-109 of the Tort Immunity Act (745 ILCS 10/3-108 (West 1996); 745 ILCS 10/3-109 (West 1998)) provided immunity for the Park District as to count III.”
— 745 ILCS 10/3-109(c)(1) — 3 cases
Perez v. The Chicago Park Dist., 2016 IL App (1st) 153101 (Ill. App. Ct. 2016). “” 745 ILCS 10/3-109(b) (West 2014). Perez then points to section 3-109(b)(3), which contains a laundry list of hazardous activities, including “rocketeering.”
Perez v. Chicago Park Dist., 2016 IL App (1st) 153101 (Ill. App. Ct. 2016). “” 745 ILCS 10/3-109(b) (West 2014). Perez then points to section 3-109(b)(3), which contains a laundry list of hazardous activities, including “rocketeering.”
Perez v. The Chicago Park Dist., 2016 IL App (1st) 153101 (Ill. App. Ct. 2016).
— 745 ILCS 10/3-109(c)(2) — 1 case
Murray v. Chicago Youth Ctr. (Ill. App. Ct. 2004). “" 745 ILCS 10/3-109 (West 1992). Section 3-109(b)(3) of the Act states: "(b) As used in this Section, 'hazardous recreational activity' means a recreational activity conducted on property of a local public entity which creates a substantial (as distinguished from a minor,…”
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