Several Appellate Court decisions previously had held that the mere possibility or foreseeability of forgetfulness or distraction was sufficient to invoke the exception. The accidents in both Mt. Zion and Bucheleres occurred prior to the effective date of this amendment, which therefore did not apply in these cases. Justice Moses W. Harrison, II of Fairview Heights was the sole dissenter in both cases. In Bucheleres, the Supreme Court disregarded the affidavit testimony of Dr. Alan R. Caskey, a park and recreation planner who frequently testifies as an expert witness on behalf of plaintiffs in lawsuits against Illinois park districts and forest preserve districts. The practical effect of the Mt. Zion and Bucheleres decisions is to insulate park districts, forest preserve districts and other property owners from legal liability for injuries sustained by either children or adults as the result of using an unsupervised body of water, or encountering any other condition of property that is also obviously dangerous.
Courts determine whether a danger is open and obvious based on the unique facts of each case.
As a result of the Mt. Zion and Bucheleres decisions, park districts are not legally obligated to prevent access to any property on which a dangerous condition exists by such means as erecting fences or other barriers, providing supervisory personnel, or posting warning signs. IAPD's participation was instrumental in winning two major victories for park and forest preserve districts. P.C. He was lead counsel for the Chicago Park District in the Bucheleres case and for the Zion Park District in the Barnett case.