745 ILCS 38/ Baseball Facility Liability Act.

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745 ILCS 38/1

(745 ILCS 38/1)

Sec. 1.

Short title.

This Act may be cited as the Baseball Facility Liability Act.

(Source: P.A. 87-1182.)

745 ILCS 38/5

(745 ILCS 38/5)

Sec. 5.

Definitions.

As used in this Act:

"Baseball facility" means any field, park, stadium, or other facility
that is used for the play of baseball (regardless of whether it is also
used for other purposes) and that is owned or operated by any individual,
partnership, corporation, unincorporated association, the State or any of its agencies,
officers, instrumentalities, elementary or secondary schools, colleges, or
universities, unit of local
government, school district, park district, or other body politic and corporate.

"Baseball" includes the game of baseball or softball,
including practice,
regardless of whether it is played on a professional or amateur basis and
regardless of whether it is played under an organized or league structure
or outside of any such structure.

"Willful and wanton conduct" means a
course of action which shows an actual or deliberate intention to cause harm or
which, if not intentional, shows an utter indifference to or conscious
disregard for the safety of others or their property.

(Source: P.A. 87-1182.)

745 ILCS 38/10

(745 ILCS 38/10)

Sec. 10.

Liability limited.

The owner or operator of a baseball
facility shall not be liable for any injury to the person or property of
any person as a result of that person being hit by a ball or bat unless:
(1) the person is situated behind a screen, backstop, or similar device at
a baseball facility and the screen, backstop, or similar device is
defective (in a manner other than in width or height)
because of the negligence of the owner or operator of the baseball
facility; or (2) the injury is
caused by willful and wanton conduct, in connection with the game of
baseball, of the owner or operator or any
baseball player, coach or manager employed by the owner or operator.

(Source: P.A. 87-1182.)

745 ILCS 38/49

(745 ILCS 38/49)

Sec. 49.

Effective date.

This Act takes effect upon becoming law.

(Source: P.A. 87-1182.)