Boub v. Township of Wayne
Encyclopedia
Boub v. Township of Wayne is a ruling of the Illinois Supreme court
made in 1998, where it was held that municipalities are not liable for the damage cyclists suffer on the poorly maintained roads. The cyclists were ruled permitted but not intended users of the roads in the state of Illinois. Under the state law municipalities has a duty to maintain local roads in a safe condition. However they are liable for damages only if the use of a road was both permitted and intended. The justices were sharply divided on the issue—four of them voted for the decision and three against. The dissenters called the decision "absurd and dangerous".
The case originated from the accident, which happened on September 8, 1992, when the cyclist Jon Boub was riding over the bridge in Township of Wayne
. The bridge was being renovated at the time of the accident, and the asphalt had been partially removed from it revealing gaps between the wooden planks. When the front wheel of the Boub's bike was stuck in between the planks, he was thrown off the bike hitting the steel railing of the bridge. The fall caused severe injuries. Boub sued Township of Wayne on September 23, 1993 claiming negligence on the part of the municipality. The lawsuit was dismissed by the lower courts and subsequently appealed to the Supreme Court of Illinois.
The decision created disincentive for municipalities to declare roads safe for cyclists. The Illinois General Assembly
tried several times to change the law but without success.
Supreme Court of Illinois
The Supreme Court of Illinois is the state supreme court of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five appellate judicial districts of the state: Three justices from the First District and...
made in 1998, where it was held that municipalities are not liable for the damage cyclists suffer on the poorly maintained roads. The cyclists were ruled permitted but not intended users of the roads in the state of Illinois. Under the state law municipalities has a duty to maintain local roads in a safe condition. However they are liable for damages only if the use of a road was both permitted and intended. The justices were sharply divided on the issue—four of them voted for the decision and three against. The dissenters called the decision "absurd and dangerous".
The case originated from the accident, which happened on September 8, 1992, when the cyclist Jon Boub was riding over the bridge in Township of Wayne
Wayne, Illinois
Wayne is a village in DuPage and Kane County, Illinois. The eastern portion, in DuPage County, is in Wayne Township while the western portion, in Kane County, is in St. Charles Township. The population was 2,137 at the 2000 census....
. The bridge was being renovated at the time of the accident, and the asphalt had been partially removed from it revealing gaps between the wooden planks. When the front wheel of the Boub's bike was stuck in between the planks, he was thrown off the bike hitting the steel railing of the bridge. The fall caused severe injuries. Boub sued Township of Wayne on September 23, 1993 claiming negligence on the part of the municipality. The lawsuit was dismissed by the lower courts and subsequently appealed to the Supreme Court of Illinois.
The decision created disincentive for municipalities to declare roads safe for cyclists. The Illinois General Assembly
Illinois General Assembly
The Illinois General Assembly is the state legislature of the U.S. state of Illinois and comprises the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1818. Illinois has 59 legislative districts, with two...
tried several times to change the law but without success.