{"id":1764,"date":"2016-08-06T07:00:42","date_gmt":"2016-08-06T12:00:42","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=1022"},"modified":"2018-09-12T15:40:15","modified_gmt":"2018-09-12T20:40:15","slug":"mothers-claim-barred-public-duty-doctrine-child-killed-speedboat-accident","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/mothers-claim-barred-public-duty-doctrine-child-killed-speedboat-accident\/","title":{"rendered":"Mother\u2019s Claim Barred by Public Duty Doctrine after Child Killed in Speedboat Accident"},"content":{"rendered":"

In a recent case<\/a> decided by a state appellate court, a 10-year-old boy was killed while riding as a passenger on a speedboat. While driving on a lake, the driver of the speedboat drove the speedboat between two warning buoys and hit a submerged pipe. The mother had taken her four children fishing on a lake with her boyfriend when the accident occurred. The boy\u2019s mother settled claims against the boat’s driver and others, and then she sued the state’s Department of Natural Resources. The mother argued that the state was liable because it marked the pipe with buoys that were too far apart, the pipe\u2019s placement violated state laws, the pipe was concealed, and the pipe posed a danger to individuals.<\/p>\n

The state\u2019s supreme court dismissed the case, finding that the public duty doctrine barred the mother\u2019s claim. The court explained that the public duty doctrine means that if a duty is\u00a0owed to the public in general, there can be no liability to an individual who is a member of the public. However, there may\u00a0be a duty to an individual if a special relationship existed. In effect, the public duty rule acts to protect municipalities from liability arising from failing to adequately enforce laws and regulations.<\/p>\n

Here, the court found that there was no special relationship between those on the lake that day and the Department of Natural Resources. Members of the public can use the lake at no cost\u00a0and come and go as they please. There was a duty owed to the general public but not to individuals, and there was no special relationship between the state and recreational boaters. Thus, the claim was barred by the public duty doctrine.<\/p>\n

Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

In a recent case decided by a state appellate court, a 10-year-old boy was killed while riding as a passenger on a speedboat. While driving on a lake, the driver of the speedboat drove the speedboat between two warning buoys and hit a submerged pipe. The mother had taken her four children fishing on a […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[37,15],"tags":[],"class_list":["post-1764","post","type-post","status-publish","format-standard","hentry","category-boat-accidents","category-personal-injury-legal-theories"],"yoast_head":"\nMother\u2019s Claim Barred by Public Duty Doctrine after Child Killed in Speedboat Accident — Illinois Injury and Mass Tort Lawyer Blog — August 6, 2016<\/title>\n<meta name=\"description\" content=\"In a recent case decided by a state appellate court, a 10-year-old boy was killed while riding as a passenger on a speedboat. 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