The group representing firefighters and municipalities is working to bring back a law that shields public safety workers—such as police officers, firefighters, and emergency medical personnel—from being sued by individuals they assist. This law, known as the public duty rule, has been in place since the 1800s and grants broad legal protection to first responders for actions taken during their duties.
However, earlier this year, the Illinois Supreme Court ruled to eliminate the public duty rule in a case involving the 2008 death of a Will County woman who had called 911 while alone at home after experiencing cardiac arrest. The case sparked debate over whether first responders should be held legally accountable for their decisions during emergencies.
In the incident, paramedics arrived at the woman’s home but did not enter because she didn’t answer the door, and no police were present. They returned later when her husband came home, but by then, more than 40 minutes had passed. Her family filed a lawsuit, claiming the delay contributed to her death. Although the initial case was dismissed, it eventually reached the state’s highest court, which overturned the public duty rule.
The court found the rule confusing and misused, noting that another law—tort immunity—already provides some protection to emergency personnel. However, tort immunity does not cover willful or reckless behavior, which means it doesn’t fully shield first responders from all legal consequences.
Two groups, including firefighter unions and mayors, are now pushing for the reintroduction of the public duty rule through a bill proposed in the Illinois Senate. They argue that without it, local governments could face costly lawsuits, ultimately burdening taxpayers. Brad Cole 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 workers from legal uncertainty.
On the other hand, the Illinois Trial Lawyers Association opposes the bill, arguing that the public duty rule wrongly protects first responders from accountability for misconduct. Chris Hurley, president-elect of the association, said the court was right to strike down the rule, as it could allow dangerous behavior to go unchecked.
Supporters of the law, however, maintain that current protections are insufficient and that the public duty rule ensures that first responders can make critical decisions without fear of litigation. They believe the rule helps balance the need for efficient emergency response with the responsibility of public safety employees.
Thanks, Dan
Excerpts from pantograph.com:An unexpected alliance has formed between two groups that usually have opposing views on legislation in Illinois. The Illinois Municipal League and the Associated Fire Fighters of Illinois, the state’s largest firefighters’ union, are both supporting a bill that aims to restore the public duty rule, which was recently struck down by the state Supreme Court.
The bill, sponsored by State Senator James Clayborne, seeks to codify the public duty rule that was abolished in January. This rule historically stated that local government agencies and their employees have a duty to protect the entire community rather than individual citizens. It allowed first responders to prioritize calls based on available resources without fear of legal action if their response didn’t meet an individual’s expectations.
The Supreme Court’s decision came in a case involving the 2008 death of Coretta Coleman, a 58-year-old woman who called 911 after experiencing breathing difficulties. There were multiple delays and communication issues among emergency responders, and by the time her husband arrived home and allowed paramedics inside, more than 40 minutes had passed. She was found unresponsive and later died.
Coleman’s family sued 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 Supreme Court overturned that decision in a 4-3 ruling, effectively eliminating the rule.
Justice Thomas Kilbride, writing for the majority, stated that while the legislature could choose to reinstate the rule, it was up to them to determine public policy. That’s exactly what the Municipal League and the firefighters’ union are now urging the General Assembly to do.
Brad Cole of the Municipal League criticized the court’s decision, calling it “dangerous†and warning that it could expose local governments and their employees to lawsuits over how they handle multiple emergency calls at once. While there hasn’t been a surge in new cases, supporters say the bill is necessary to prevent future legal challenges.
Perry Browder, president of the Illinois Trial Lawyers Association, opposes the measure, saying it’s too broad and could limit oversight of public safety agencies. He emphasized the importance of holding first responders accountable for reckless or intentional conduct that puts citizens at risk.
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