An Illinois court ruled that a charitable organization could be held responsible for injuries sustained by a child who fell off a slide. The slide was over six feet high, had no handrail going up the steps, and had a loose and slippery handrail around the platform at the top. Metal and concrete footings at the base of the slide were exposed.
A child fell from the slide and was severely injured. The state appeals court ruled that the charitable organization that owned the slide could be found liable for both negligence and willful and wanton misconduct, if, as the lawsuit alleged, on prior occasions other children had fallen from the slide due to its defective and dangerous condition, and that the charity was aware of the slide's condition and of the prior accidents, but took no corrective action. Scarano v. Town of Ela, 520 N.E.2d 62 (Ill. App. 1988)