ILCS » Chapter 745 · Act 47
Illinois Compiled Statutes

745 ILCS 47/20 (2026)

Exceptions

✓ current as of May 2026
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(745 ILCS 47/20)
    Sec. 20. Exceptions.
    (a) This Act shall not apply to the horse racing industry as regulated in the Illinois Horse Racing Act of 1975.
    (b) Except as provided in Section 15, nothing in this Act shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person:
        (1) Provided the equipment or tack, and knew or
    
should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it caused the injury.
        (2) Provided the equine and failed to make reasonable
    
and prudent efforts to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to manage safely the particular equine based on the participant's representations of his or her ability.
        (3) Owns, leases, rents, or otherwise is in lawful
    
possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the equine activity sponsor, equine professional, or person and for which warning signs were not conspicuously posted.
        (4) Commits an act or omission that constitutes
    
willful or wanton disregard for the safety of the participant, and that act or omission caused the injury.
        (5) Intentionally injures the participant.
    (c) Nothing in this Act shall prevent or limit the liability of an equine activity sponsor or an equine professional:
        (1) Under liability provisions as set forth in the
    
products liability laws.
        (2) Under liability provisions in the Fence Act.
(Source: P.A. 89-111, eff. 7-7-95.)

    
Notes of Decisions
Cited in 8 cases, 1999–2005 · leading case: Kush v. Wentworth, 790 N.E.2d 912 (Ill. App. Ct. 2003).
Sort: Relevance Newest Treatment
Kush v. Wentworth, 790 N.E.2d 912 (Ill. App. Ct. 2003). · cites it 3× “) 745 ILCS 47/20(b) (West 2000). There are two problems.”
Smith v. Lane, 832 N.E.2d 947 (Ill. App. Ct. 2005). “(West 1996)), thereby affording them immunity from suit since the plaintiff did not allege willful and wanton misconduct as required by that statute (745 ILCS 47/20(b)(4) (West 1996)). The defendants further asserted that the Animal Control Act was inapplicable to the facts of…”
Carl v. Resnick, 714 N.E.2d 1 (Ill. App. Ct. 1999). “745 ILCS 47/20(b) (West 1996) (listing exceptions whereby “an equine activity sponsor, an equine professional, or any other person” can still be held liable under the Act) (emphasis added); Gautreau, 672 So.”
Lessman v. Rhodes, 721 N.E.2d 178 (Ill. App. Ct. 1999). “” 745 ILCS 47/20(b)(4) (West 1998). “[T]he label ‘willful and wanton conduct’ has developed in this State as a hybrid between acts considered negligent and behavior found to be intentionally tortious.”
Kush v. Wentworth (Ill. App. Ct. 2003). · cites it 3× “) 745 ILCS 47/20(b) (West 2000). There are two problems.”
Smith v. Lane (Ill. App. Ct. 2005). “(West 1996)), thereby affording them immunity from suit since the plaintiff did not allege willful and wanton misconduct as required by that statute (745 ILCS 47/20(b)(4) (West 1996)). The defendants further asserted that the Animal Control Act was inapplicable to the facts of…”
Lessman v. Rhodes (Ill. App. Ct. 1999). “" 745 ILCS 47/20(b)(4) (West 1998). "[T]he label 'willful and wanton conduct' has developed in this State as a hybrid between acts considered negligent and behavior found to be intentionally tortious.”
Carl v. Resnick Modification of Mar. 31, 1999 (Ill. App. Ct. 1999). “745 ILCS 47/20(b) (West 1995) (listing exceptions whereby "an equine activity sponsor, an equine professional, or any other person " can still be held liable under the Act) (Emphasis added); Gautreau , 672 So.”
— 745 ILCS 47/20(b) — 4 cases
Kush v. Wentworth, 790 N.E.2d 912 (Ill. App. Ct. 2003). “) 745 ILCS 47/20(b) (West 2000). There are two problems.”
Carl v. Resnick, 714 N.E.2d 1 (Ill. App. Ct. 1999). “745 ILCS 47/20(b) (West 1996) (listing exceptions whereby “an equine activity sponsor, an equine professional, or any other person” can still be held liable under the Act) (emphasis added); Gautreau, 672 So.”
Kush v. Wentworth (Ill. App. Ct. 2003). “) 745 ILCS 47/20(b) (West 2000). There are two problems.”
Carl v. Resnick Modification of Mar. 31, 1999 (Ill. App. Ct. 1999). “745 ILCS 47/20(b) (West 1995) (listing exceptions whereby "an equine activity sponsor, an equine professional, or any other person " can still be held liable under the Act) (Emphasis added); Gautreau , 672 So.”
— 745 ILCS 47/20(b)(4) — 4 cases
Smith v. Lane, 832 N.E.2d 947 (Ill. App. Ct. 2005). “(West 1996)), thereby affording them immunity from suit since the plaintiff did not allege willful and wanton misconduct as required by that statute (745 ILCS 47/20(b)(4) (West 1996)). The defendants further asserted that the Animal Control Act was inapplicable to the facts of…”
Lessman v. Rhodes, 721 N.E.2d 178 (Ill. App. Ct. 1999). “” 745 ILCS 47/20(b)(4) (West 1998). “[T]he label ‘willful and wanton conduct’ has developed in this State as a hybrid between acts considered negligent and behavior found to be intentionally tortious.”
Smith v. Lane (Ill. App. Ct. 2005). “(West 1996)), thereby affording them immunity from suit since the plaintiff did not allege willful and wanton misconduct as required by that statute (745 ILCS 47/20(b)(4) (West 1996)). The defendants further asserted that the Animal Control Act was inapplicable to the facts of…”
Lessman v. Rhodes (Ill. App. Ct. 1999). “" 745 ILCS 47/20(b)(4) (West 1998). "[T]he label 'willful and wanton conduct' has developed in this State as a hybrid between acts considered negligent and behavior found to be intentionally tortious.”
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