168 Ill. App. The City may be liable if, after it constructs or improves public property, it appears from its use that the City has created a condition that is not reasonably safe. The Act codifies the common law duties of municipalities to maintain public ways. At common law, liability arises when the undertaken improvement creates an unreasonably dangerous condition. The City argues that the scope of its duty to maintain property in a reasonably safe condition cannot be read to include maintenance of raised medians in such a way that they are safe for vehicles, including emergency vehicles, when they leave the roadway.
Plaintiffs argue that the planter boxes and tree pits created a hazardous condition.
121 Ill. App. 17 Ill. App. In Michalak, the plaintiff left the road, entered the shoulder and slid into a guardrail. The guardrail pierced the car and injured the plaintiff. 56 Ill. 2d at 380-81.