ILCS » Chapter 745 · Act 10
Illinois Compiled Statutes

745 ILCS 10/5-103 (2026)

(a) Neither a local public entity, nor a public employee acting in the scope of his employment, is liable for an injury resulting from the condition of fire protection or firefighting equipment or facilities

✓ current as of May 2026
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(745 ILCS 10/5-103) (from Ch. 85, par. 5-103)
    Sec. 5-103. (a) Neither a local public entity, nor a public employee acting in the scope of his employment, is liable for an injury resulting from the condition of fire protection or firefighting equipment or facilities. Nothing in this section shall exonerate a public entity from liability for negligence by reason of the condition of a motor vehicle while it is traveling on public ways.
    (b) Neither a local public entity nor a public employee acting in the scope of his employment, is liable for an injury caused by an act or omission of a public employee while engaged in fighting a fire. However, this Section shall not apply if the injury is caused by the willful and wanton conduct of the public employee.
(Source: P.A. 84-1431.)

    
Notes of Decisions
Cited in 2 cases, 1996–2004 · leading case: Fender v. Town of Cicero (Ill. App. Ct. 2004).
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Fender v. Town of Cicero (Ill. App. Ct. 2004). · cites it 4× “" 745 ILCS 10/5-103(a), (b) (West 2000). Section 1-210 of the Act defines "willful and wanton conduct" as "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…”
Harinek v. City of Chicago (Ill. App. Ct. 1996). “" 745 ILCS 10/5-103(b) (West 1992). We find the language "while engaged in fighting a fire" to refer to acts or omissions occurring in the course of fighting an actual or present fire, and not in the performance of a fire drill, which by definition relates to a future or…”
— 745 ILCS 10/5-103(a) — 1 case
Fender v. Town of Cicero (Ill. App. Ct. 2004). “" 745 ILCS 10/5-103(a), (b) (West 2000). Section 1-210 of the Act defines "willful and wanton conduct" as "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…”
— 745 ILCS 10/5-103(b) — 2 cases
Fender v. Town of Cicero (Ill. App. Ct. 2004). “" 745 ILCS 10/5-103(a), (b) (West 2000). Section 1-210 of the Act defines "willful and wanton conduct" as "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…”
Harinek v. City of Chicago (Ill. App. Ct. 1996). “" 745 ILCS 10/5-103(b) (West 1992). We find the language "while engaged in fighting a fire" to refer to acts or omissions occurring in the course of fighting an actual or present fire, and not in the performance of a fire drill, which by definition relates to a future or…”
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