Recreational Property Negligence

M E M O R A N D U M TO: FROM: DATE: RE: dinero Gershwin- Immunity for Negligence on Recreational Property _________________________________________________________ I.STATEMENT OF FACTS Our Client, Mr. dinero Gershwin, is considering suit against the Chicago School District for injuries sustained as a result of tripping in a pothole. Gershwin, a instructor at Washington Elementary School, alleges that on October 10, 2000 at 12:20 pm, he was walking from the aim to the teachers parking lot, and tripped in a pothole and cast. The pass where Gershwin fell is adjacent to a parking lot that was converted from a portion of the playground area. The walkway is used by teachers to function to and from the parking lot. The walkway is marked with yellow stripes and is ring on the southern edge by orange twist cones that the school is going to replace with additional fencing. There is a sign on the fence separating the parking lot from the walkway that reads: Walkway for Teachers Only. Students now and then use the walkway as a safe zone for games of tag. II.

QUESTION PRESENTED Whether school post, classified as inexpert and cursorily used by students during their recreation, immune from urbane action under the Illinois Tort Immunity Act 3-106; when the school has the area sectioned off implying that it does not intend for the place to be used recreationally. III.CONCLUSION No. The elements necessary to make the property recreational are not satisfied in this situation. The school district shows no intended use of the property for recreational purposes, nor does it show permitted use of the property for recreational purposes. Although the walkway is occasionally used by children for games of tag, this is incidental usage of the property, and thus § 3-106 is inapplicable. Additionally, the uncreated purpose of the walkway is to facilitate travel to and from the parking lot, reservation the walkway nonrecreational in character. IV.... If you want to get a full essay, order it on our website: Orderessay

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