don_resqcapt19 said:
(liability may exist) for 3rd party inspectors, but not for municipal inspectors which is what we have in our area.
If you are referring to the Illinois Tort Immunity Act, 745 ILCS 10/1-101, I see the courts have been reluctant to grant this immunity, and higher courts overrule the immunity, if any number of federal, criminal, or contract laws suggest a tort action, including the willful and wanton misconduct you mention.
I see several case examples dealing with public works, private schools, and wrongful deaths, but in dealing with building inspectors specifically the only case precedent indicated was a supreme court citation below:
1) Municipal liability for negligent performance of building inspector's duties. 24 ALR5th 200.
I'd like to see the decision in that case, since it would apply to other states beyond Illinois, but it was not linked and I can't find it manually. For those who can't access [IL - Illinois Compiled Statutes Annotated] here's the 335 Ill. App. 3d 602, description of applicability in 2002.
"Local Government and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., adopts the general principle that local governmental units are liable in tort, but limits this liability with an extensive list of immunities based on specific government functions, and governmental units are liable in tort on the same basis as private tortfeasors unless a valid statute dealing with tort immunity imposes conditions upon that liability."