By: Alexandrea M. Messner
Every day, parents place their trust in schools, camps, daycares, and other institutions to safeguard their children. But when that trust is broken—especially within public entities—the legal path to accountability is far more complex. Under Illinois’ Tort Immunity Act, negligence alone is not enough. Victims must show willful and wanton misconduct: conduct that demonstrates an utter indifference to, or conscious disregard for, a child’s safety.
So how do courts determine when conduct crosses the line?
Read the full article, originally published in the WBAI Spring 2025 Newsletter on page 24, to learn how Illinois courts are addressing these difficult cases—and what attorneys need to know to hold public entities accountable.