Illinois Compiled Statutes
745 ILCS 10/5-101 (2026)
Neither a local public entity nor a public employee is liable for failure to establish a fire department or otherwise to provide fire protection, rescue or other emergency service
✓ current as of May 2026
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(745 ILCS 10/5-101)
(from Ch. 85, par. 5-101)
Sec. 5-101.
Neither a local public entity nor a public employee is liable
for failure to establish a fire department or otherwise to provide fire
protection, rescue or other emergency service.
As used in this Article, "rescue services" includes, but is not limited
to, the operation of an ambulance as defined in the Emergency Medical
Services (EMS) Systems Act.
(Source: P.A. 84-1431.)
Notes of Decisions
Cited in 9
cases, 1996–2020 · leading case: Am. Nat'l Bank & Trust Co. v. City of Chicago, 735 N.E.2d 551 (Ill. 2000).
Am. Nat'l Bank & Trust Co. v. City of Chicago, 735 N.E.2d 551 (Ill. 2000). “The appellate court rejected the defendants' contention, *554 raised for the first time on appeal, that section 5-101 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/5-101 (West 1994)) granted immunity to the defendants.”
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"…”
Carolan v. City of Chicago, 2018 IL App (1st) 170205 (Ill. App. Ct. 2019). “The city moved for summary judgment asserting, in part, that it was immune from liability under section 5-101 of the Tort Immunity Act (745 ILCS 10/5-101 (West 1992)). Harrell, 945 F.”
Ramirez v. City of Chicago, 82 F. Supp. 2d 836 (N.D. Ill. 1999). “The paramedics invoke 745 ILCS 10/5-101, which immunizes a local public entity that “completely] failfs] to provide fire protection or other emergency services” to the public, Pierce v.”
Schultz v. St. Clair Cnty., 2020 IL App (5th) 190256 (Ill. App. Ct. 2020). “(West 2016)), fire protection and rescue activities as are addressed in article V of the Tort Immunity Act (745 ILCS 10/5-101 et seq. (West 2016)), or medical, hospital, and public health activities as are addressed in article VI of the Tort Immunity Act (745 ILCS 10/6-101 et…”
Carolan v. City of Chicago, 2018 IL App (1st) 170205 (Ill. App. Ct. 2018). “The City moved for summary judgment asserting, in part, that it was immune from liability under section 5-101 of the Tort Immunity Act ( 745 ILCS 10/5-101 (West 1992) ). Harrell , 945 F.”
Fender v. Town of Cicero (Ill. App. Ct. 2004). “" 745 ILCS 10/5-101 (West 2000). "§5-102. Neither a local public entity that has undertaken to provide fire protection service nor any of its employees is liable for an injury resulting from the failure to suppress or contain a fire or from the failure to provide or maintain…”
Abruzzo v. City of Park Ridge (Ill. App. Ct. 2007). “The supreme court first rejected the defendant's claim of immunity under section 5-101 the Tort Immunity Act (745 ILCS 10/5-101 (West 1994)) American National Bank, 192 Ill.”
Carolan v. City of Chicago, 2018 IL App (1st) 170205 (Ill. App. Ct. 2018). “The city moved for summary judgment asserting, in part, that it was immune from liability under section 5-101 of the Tort Immunity Act (745 ILCS 10/5-101 (West 1992)). Harrell, 945 F.”
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