Article VIII - Actions Against Local Public Entities And Public Employees--Limitations, Notice
(745 ILCS 10/Art. VIII heading) ARTICLE VIII‑‑ACTIONS AGAINST LOCAL PUBLIC ENTITIES AND PUBLIC EMPLOYEES‑‑LIMITATIONS, NOTICE
(745 ILCS 10/8‑101) (from Ch. 85, par. 8‑101)
Sec. 8‑101. Limitation.
(a) No civil action other than an action described in subsection (b) may be commenced in any court against a local entity or any of its employees for any injury unless it is commenced within one year from the date that the injury was received or the cause of action accrued.
(b) No action for damages for injury or death against any local public entity or public employee, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of those dates occurs first, but in no event shall such an action be brought more than 4 years after the date on which occurred the act or omission or occurrence alleged in the action to have been the cause of the injury or death.
(c) For purposes of this Article, the term "civil action" includes any action, whether based upon the common law or statutes or Constitution of this State.
(d) The changes made by this amendatory Act of the 93rd General Assembly apply to an action or proceeding pending on or after this amendatory Act's effective date, unless those changes (i) take away or impair a vested right that was acquired under existing law or (ii) with regard to a past transaction or past consideration, create a new obligation, impose a new duty, or attach a new disability.
(Source: P.A. 93‑11, eff. 6‑4‑03.) |
(745 ILCS 10/8‑103) (from Ch. 85, par. 8‑103)
Sec. 8‑103. If the notice under Section 8‑102 is not served as provided therein, any such civil action commenced against a local public entity, or against any of its employees whose act or omission committed while acting in the scope of his employment as such employee caused the injury, shall be dismissed and the person to whom such cause of injury accrued shall be forever barred from further suing.
(Source: Laws 1965, p. 2983.) |