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Public Duty Doctrine in Illinois (more)
Excerpts from the Chicago Tribune:
The coalition of firefighters and municipal organizations is pushing to reintroduce a law that shields first responders—police officers, firefighters, and EMTs—from being sued when they attempt to assist individuals in need. Known as the public duty rule, this regulation, which dates back to the 1800s, offers broad immunity to these professionals against lawsuits related to their professional actions.
However, earlier this year, the Illinois Supreme Court overturned the public duty rule following a case involving a tragic incident in 2008. A Will County woman had dialed 911 during a medical emergency but later passed away after paramedics failed to enter her home due to a lack of police presence. Her family subsequently filed a lawsuit alleging negligence on the part of the responding firefighters and other emergency personnel.
Although the lawsuit was initially dismissed, it made its way through appeals until reaching the state's highest court. In its decision, the court argued that the public duty rule was outdated and led to confusion in legal interpretations. While another law, tort immunity, already provides some protection to emergency workers, it doesn't cover cases of intentional misconduct.
Both the Illinois Municipal League and the Associated Firefighters of Illinois are concerned about the potential for frivolous lawsuits against municipalities, which could burden taxpayers with costly legal proceedings. To address this issue, a bill has been proposed in the Illinois Senate to restore the public duty rule, although it remains unaddressed in committee discussions.
Brad Cole, the executive director of the Illinois Municipal League, emphasized the importance of protecting public safety workers so they can focus on their duties without fear of litigation. He highlighted that the public duty rule has been part of legal precedent for over 160 years.
On the other hand, Chris Hurley, president-elect of the Illinois Trial Lawyers Association, criticized the proposed reinstatement, arguing that it would unjustly protect public employees from facing consequences for serious misconduct. He believes the court's decision was necessary to ensure accountability within public safety departments.
Meanwhile, reports from Pantograph reveal similar sentiments. The Illinois Supreme Court's recent verdict has brought together two typically opposing factions—the Illinois Municipal League and the Associated Fire Fighters of Illinois—who now jointly support a bill to codify the public duty rule. This legislation aims to restore the rule abolished earlier this year, which previously ensured that local governments and their personnel were responsible for serving the community at large rather than individual citizens.
The case in question involved the untimely death of Coretta Coleman, whose family sued multiple emergency agencies after delays in response times contributed to her demise. Although lower courts upheld the public duty rule, the Supreme Court overturned the decision, prompting calls for legislative intervention.
Supporters argue that reinstating the public duty rule will prevent unnecessary legal battles for municipalities, while opponents warn against undermining oversight mechanisms crucial for maintaining transparency and responsibility among public safety agencies. As the debate continues, both sides agree on the need to balance legal protections with accountability measures.