Excerpts from ChicagoTribune.com:
A group representing firefighters and local governments is pushing to bring back a long-standing legal protection that shields first responders, including police officers, firefighters, and emergency medical personnel, from being sued by individuals they are trying to assist.
The so-called public duty rule has been in place since the 1800s, offering broad immunity to emergency workers for actions taken during their jobs. However, this year, the Illinois Supreme Court ruled to eliminate the rule in a case involving the death of a 58-year-old woman in Will County in 2008.
Coretta Coleman had called 911 after experiencing difficulty breathing. When paramedics arrived, she did not answer the door, and without police present, they chose not to enter. The firefighters returned later when her husband arrived, but by then, over 40 minutes had passed. Her family claimed the delay contributed to her death.
The initial lawsuit was dismissed, but it was eventually appealed to the state’s highest court. In its decision, the court said the public duty rule was confusing and often misused. It also pointed out that another law, known as tort immunity, already offers some protection to emergency workers—but only in limited cases, excluding willful or reckless misconduct.
Now, two groups—firefighters’ unions and mayors—want the public duty rule reinstated. They argue that without it, municipalities could face costly lawsuits, which would ultimately affect taxpayers.
A bill introduced in the Illinois Senate aims to restore the rule, but it hasn’t yet moved forward in committee. Brad Cole, executive director of the Illinois Municipal League, argues that the rule is essential for protecting public safety workers who must make quick decisions without fear of legal consequences.
However, opponents, like Chris Hurley of the Illinois Trial Lawyers Association, believe the rule unfairly protects public employees from accountability. He says the court was right to strike it down, emphasizing that people should be held responsible for intentional wrongdoing.
Cole denies that the bill is meant to shield employees from all legal consequences, saying current protections are insufficient. He claims that the existing immunity laws require government entities to spend taxpayer money defending themselves in court.
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Excerpts from pantograph.com:
An unusual alliance has formed between two groups that typically have conflicting interests: the Illinois Municipal League and the Associated Fire Fighters of Illinois. Both are now supporting a legislative effort to reinstate a legal principle that was recently struck down by the state's Supreme Court.
The proposed bill, sponsored by State Senator James Clayborne, seeks to bring back the public duty rule—a longstanding legal doctrine that protected public safety employees from being sued for how they prioritized services.
This rule was eliminated in January after the Illinois Supreme Court ruled in a case involving Coretta Coleman, a 58-year-old woman who died in 2008 after a delayed emergency response.
Coleman had called 911, but due to a series of delays and miscommunications, paramedics were not allowed into her home until her husband returned. By then, it was too late, and she was pronounced dead at the hospital.
Her family filed a lawsuit against several emergency agencies and their employees, arguing that the delays led to her death. Lower courts had initially ruled in favor of the defendants based on the public duty rule, but the Supreme Court overturned that decision.
In its ruling, the court stated that while the legislature could choose to revive the rule, it was up to them to decide what public policy should be. Justice Thomas Kilbride noted that the rule had been widely used in previous cases but was now deemed outdated.
Brad Cole of the Illinois Municipal League criticized the decision, calling it dangerous and warning that it could lead to more legal challenges against emergency workers. He argued that without the public duty rule, local governments might face unnecessary lawsuits over service priorities.
Despite these concerns, no major wave of new lawsuits has emerged since the ruling. However, the Illinois Trial Lawyers Association opposes the bill, claiming it could prevent accountability for reckless or intentional misconduct by public safety workers.
Perry Browder, president of the association, said the legislation is too broad and could undermine oversight of emergency services. While he supports preventing frivolous lawsuits, he believes public safety workers must still be held accountable for serious errors.
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