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The group representing firefighters and municipalities is pushing to bring back a law that shields first responders, including police officers, firefighters, and emergency medical personnel, from being sued by individuals they assist.
This rule, known as the public duty rule, has been in place since the 1800s. It grants broad immunity to firefighters and paramedics for actions taken during their jobs. 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 called 911 during a cardiac arrest but died before help arrived.
According to the lawsuit filed by her family, paramedics arrived at her home but did not enter because she didn’t answer the door and no police were present. They returned later when her husband arrived, but by then 41 minutes had passed. The family claimed the delay contributed to her death.
The case was initially dismissed but eventually made it to the state’s highest court. In its decision, the court said the public duty rule was confusing and misused. It also pointed out that another law, called tort immunity, already provides some protection to emergency personnel—but only if the conduct wasn’t willful or reckless.
Two groups, including firefighter unions and mayors, are now working to reintroduce the public duty rule. They fear that without it, local governments could face costly lawsuits from citizens who claim they weren’t helped quickly enough.
A bill introduced in the Illinois Senate aims to restore the public duty rule, though it hasn't yet been reviewed by a committee. Brad Cole, executive director of the Illinois Municipal League, argues that the rule has been part of common law for over 160 years and helps protect public safety workers from legal threats.
He explained that the philosophy behind the rule is that public entities have a duty to the community as a whole, not just individual citizens. This allows first responders to make tough decisions about resource allocation without fear of being sued.
However, opponents like Chris Hurley, president-elect of the Illinois Trial Lawyers Association, argue that the rule unfairly protects public safety employees from accountability. He believes the court was right to strike it down and warns that the proposed bill would shield even those who act recklessly or intentionally harm others.
Cole denies the bill is meant to shield misconduct, stating that current immunity laws don’t provide enough protection and often require costly legal battles for municipalities.
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Excerpts from pantograph.com:An Illinois Supreme Court ruling has brought together two groups that usually find themselves on opposite sides of legislative issues.
The Illinois Municipal League and the Associated Fire Fighters of Illinois, the state’s largest firefighter union, are supporting a bill that they believe would protect local governments and public safety employees from being sued over how they prioritize emergency services.
The bill, sponsored by state Senator James Clayborne, seeks to reinstate the public duty rule, which the Supreme Court struck down in January. This long-standing rule held that government units and their employees have a duty to the entire community, not just individual people.
The court’s decision came after a case involving the 2008 death of Coretta Coleman, a 58-year-old woman from unincorporated Will County. She called 911 due to breathing difficulties, but there were delays and miscommunications among emergency responders. 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 sued several agencies and employees involved in the response. 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 vote.
In his majority opinion, Justice Thomas Kilbride noted that while the legislature could choose to restore the rule, it was up to them to decide on public policy.
Brad Cole of the Illinois Municipal League criticized the court’s decision, calling it “dangerous†and warning that it could lead to more lawsuits against local governments and their employees.
Although no major surge in lawsuits has occurred since the ruling, the Illinois Trial Lawyers Association opposes the bill. Perry Browder, the association’s president, said the legislation is too broad and could prevent accountability for reckless behavior by public safety workers.
“We don’t want to encourage frivolous lawsuits,†he said, “but we also don’t want to let public safety employees off the hook for intentional negligence.â€
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