Excerpts from the ChicagoTribune.com:
A group representing firefighters and municipalities is pushing to reinstate a law that shields first responders, including police officers, firefighters, and emergency medical services (EMS) personnel, from being sued by people they attempt to assist.
This rule, known as the public duty doctrine, has been in place since the 1800s. It grants broad legal protection to firefighters and paramedics for actions taken during their duties.
However, earlier this year, the Illinois Supreme Court ruled to eliminate the public duty rule after reviewing a case involving the 2008 death of a Will County woman who called 911 when she went into cardiac arrest at home. She later passed away.
The lawsuit filed by her family against the East Joliet Fire Protection District claimed that paramedics arrived at her house but did not enter because no police were present. They returned later after her husband came home, but by then, over 40 minutes had passed since the initial call. The family argued that the delay in care contributed to her death.
The case was initially dismissed but eventually reached the state’s highest court. In its decision, the court stated that the public duty rule was confusing and often misapplied. It also noted that another law, called tort immunity, already offers similar protections to emergency personnel—but with limitations, such as not covering willful or reckless misconduct.
Two groups, one representing firefighter unions and the other mayors, are concerned that without the public duty rule, local governments could face an increase in frivolous lawsuits, which would cost taxpayers money to defend in court.
A bill introduced in the Illinois Senate in February aims to bring back the public duty rule, though it has yet to be considered by a committee.
Brad Cole, executive director of the Illinois Municipal League, said the rule is essential for protecting public safety workers. “This has been common law for 160 years. We’re not creating anything new,†he said. He added that the law allows first responders to focus on their jobs without fear of legal repercussions if their response doesn’t meet individual expectations.
However, Chris Hurley, president-elect of the Illinois Trial Lawyers Association, opposes the bill. He argues that the public duty rule unfairly protects public safety employees from accountability, especially in cases of intentional wrongdoing.
“As a society, we don’t want to let people off the hook for reckless behavior,†he said. “You want consequences for willful and wanton misconduct.â€
Cole denied that the bill seeks to shield employees from all legal consequences, stating that current immunity laws do not offer enough protection. He pointed out that these laws only serve as a defense in court, which can lead to costly legal battles for taxpayers.
Thanks, Dan
Excerpts from pantograph.com:
An Illinois Supreme Court ruling has brought together two groups that typically have conflicting interests in legislative matters.
The Illinois Municipal League and the Associated Fire Fighters of Illinois, the state’s largest firefighters union, are supporting a bill they claim would protect local governments and public safety employees from being sued over how they prioritize emergency services.
The proposed legislation, sponsored by state Senator James Clayborne, would restore the public duty rule that the Supreme Court eliminated in January. This long-standing principle held that government entities and their employees have a duty to the public as a whole, not to any single individual.
The court’s decision came in a case involving Coretta Coleman, a 58-year-old woman who died in 2008 after calling 911 due to breathing difficulties. There were delays and communication issues among emergency responders, and by the time her husband arrived and allowed paramedics inside, more than 40 minutes had passed. She was found unresponsive and later pronounced dead.
Coleman’s family filed a lawsuit against the East Joliet and Orland fire protection districts, Will County, and the responding employees.
Lower courts had previously ruled in favor of the defendants based on the public duty rule, but the high court overturned that decision in a 4-3 ruling, effectively eliminating the rule.
In the majority opinion, Justice Thomas Kilbride wrote that while the legislature could choose to restore the rule, the court defers to lawmakers on public policy matters.
This is exactly what the Municipal League and the firefighters’ union are urging the General Assembly to do.
Brad Cole, the league’s executive director, criticized the court’s decision, calling it “dangerous†and saying it leaves public safety workers vulnerable to legal action over service prioritization.
While no major wave of new lawsuits has emerged since the ruling, supporters say the Illinois Trial Lawyers Association strongly opposes the bill.
Perry Browder, president of the association, warned that the proposed law is too broad and could limit oversight of public safety agencies.
“We don’t want to encourage frivolous lawsuits, but we also don’t want to allow reckless behavior by public employees that puts people at risk,†he said.
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