Excerpts from ChicagoTribune.com:
A group representing firefighters and local governments is pushing to bring back a long-standing legal protection that shields police officers, firefighters, and emergency medical services (EMS) personnel from being sued by individuals they assist during emergencies.
This rule, known as the public duty doctrine, has been in place since the 1800s and grants broad immunity to first responders for actions taken while performing their duties. However, this year, the Illinois Supreme Court struck down the rule in a case involving the death of a woman who called 911 in 2008 after suffering a cardiac arrest at home.
The woman, 58-year-old Coretta Coleman, was found unresponsive after paramedics arrived but were unable to enter her home because no one answered the door. They later returned when her husband arrived, but by then, more than 40 minutes had passed. Her family filed a lawsuit against the East Joliet Fire Protection District, alleging that the delay in treatment contributed to her death.
The initial court dismissed the case, but it was eventually appealed to the state’s highest court. In its decision, the Supreme Court ruled that the public duty rule was too vague and often misapplied. It also noted that another law, known as tort immunity, already provides some level of protection for emergency personnel—but only in cases where there is no willful or reckless misconduct.
Two major groups, including firefighter unions and mayors, are now working to reintroduce the public duty rule through legislation. They argue that without it, municipalities could face costly lawsuits, ultimately burdening taxpayers.
A proposed bill in the Illinois Senate aims to restore the public duty rule, though it has not yet been brought before a committee. Brad Cole, executive director of the Illinois Municipal League, said the rule has been part of common law for over 160 years and is essential for protecting public safety employees from legal threats while they perform their duties.
However, opponents, such as Chris Hurley of the Illinois Trial Lawyers Association, argue that the rule unfairly shields public safety workers from accountability, especially in cases of intentional wrongdoing. He criticized the bill, saying it would allow government employees to avoid consequences even in severe cases of negligence.
Cole denied that the intent of the bill is to protect against all forms of misconduct, stating that current laws do not provide enough protection for emergency personnel. He argued that the existing tort immunity can only be used as a defense in court, leading to unnecessary legal costs for taxpayers.
Thanks, Dan
Excerpts from pantograph.com:
An Illinois Supreme Court ruling has unexpectedly brought together two groups that typically disagree on legislative issues: the Illinois Municipal League and the Associated Fire Fighters of Illinois.
Both groups are supporting a bill aimed at protecting local governments and public safety employees from being sued over how they prioritize emergency responses.
The bill, sponsored by State Senator James Clayborne, seeks to reinstate the public duty rule that was recently abolished by the Supreme Court. This rule historically stated that government entities have a duty to the public as a whole, not to any individual citizen.
The court’s decision came in a case involving Coretta Coleman, a 58-year-old woman who died in 2008 after calling 911 for help with breathing difficulties.
There were delays in the response, and when her husband finally let the paramedics in, she was already unresponsive. She was later pronounced dead at the hospital.
Her family sued the fire districts and county officials involved in the response. Lower courts initially sided with the defendants based on the public duty rule, but the Supreme Court overturned that decision in a 4-3 vote.
In his opinion, Justice Thomas Kilbride wrote that the legislature could choose to restore the rule if it deemed it necessary, but he emphasized that the court was deferring to lawmakers on public policy matters.
That’s exactly what the Municipal League and the firefighters’ union are now urging the General Assembly to do.
Brad Cole of the Illinois Municipal League called the court’s decision “dangerous,†arguing that it could lead to more lawsuits against local governments and their employees.
He warned that without the public duty rule, agencies might face legal challenges over how they handle multiple emergency calls simultaneously.
While no major wave of lawsuits has emerged since the ruling, supporters say the Illinois Trial Lawyers Association opposes the bill.
Perry Browder, president of the association, said the proposed law is too broad and could prevent proper oversight of public safety agencies.
“We don’t want to encourage frivolous lawsuits,†he said, “but we also don’t want to allow reckless behavior that puts people at risk.â€
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