The Illinois Supreme Court recently ruled in favor of a city in a lawsuit brought by a cyclist against the city, finding the city immune from liability under the Tort Immunity Act. Alave
v. The City of Chicago.  

A cyclist was injured after striking a pothole while riding
his bike along a city roadway. The road had no designated bike lane, but a bike
rental station was located close to the site of the cyclist’s accident. The
cyclist sued the city arguing that the city was liable
for his injuries because cyclists were permitted and intended users of city roads. The
trial court ruled in favor of the city finding that cyclists were not
permitted and intended users of the road where the accident occurred. On appeal, the appellate court reversed the trial court and
held that cyclists were permitted and intended users of the road because of the
city’s placement of a bike rental station along the roadway.   

On appeal to the Illinois Supreme Court, the cyclist argued
that the city’s placement of a bike rental station along the roadway and city
ordinances prohibiting cyclists from riding bikes on city sidewalks made
cyclists permitted and intended users of the road where the accident occurred.
The city argued that cyclists were not permitted and intended users of the road
where the accident occurred because the road was not a designated bike lane. 

After reviewing the city ordinances governing bicycle use
along sidewalks and roads, the placement of a bike rental station along the
road where the accident occurred, and the lack of signs designating the road as
a bike lane, the Illinois Supreme Court held that cyclists were not intended users of the
road. For a municipality to be liable for cyclists’ injuries, there must be other
objective manifestations of the city’s intent that cyclists are intended users
of a road than the placement of a bike rental station. Because cyclists were not intended users of the road at issue in the case,
the Court held that the city was not liable for the cyclist’s injuries. 

Post Authored by Tyler Smith, Ancel Glink