Public Duty Doctrine in Illinois (more)

Excerpts from ChicagoTribune.com:

The Chicago Tribune has reported on efforts by a coalition of firefighters and local governments to revive an old legal principle that shields public safety workers—such as police, firefighters, and emergency medical personnel—from being sued by individuals they assist. This rule, known as the public duty doctrine, dates back to the 1800s and has long provided broad immunity to first responders for actions taken during their official duties.

However, in early 2024, the Illinois Supreme Court struck down this rule in a case involving the tragic death of a woman who called 911 in 2008 after suffering a cardiac arrest at home. Her family filed a lawsuit against the East Joliet Fire Protection District, claiming that paramedics failed to enter her home quickly enough because no police were present. By the time they did, it was too late, and she later died.

The case initially faced dismissal but eventually reached the state’s highest court. In its decision, the court criticized the public duty rule as confusing and often misapplied. It also pointed out that another law, called tort immunity, already offers some protection to emergency personnel—but only if the misconduct wasn’t intentional or reckless.

Now, two major groups—the Illinois Municipal League and the Associated Firefighters of Illinois—are pushing for a new bill in the state Senate to restore the public duty rule. They argue that without it, local governments could face costly lawsuits that ultimately burden taxpayers. The bill, introduced by Senator James Clayborne, aims to codify the rule into law, ensuring that first responders can make critical decisions without fear of legal consequences.

Brad Cole, executive director of the Illinois Municipal League, emphasized that the rule has been part of common law for over 160 years and is essential for protecting public safety workers. “It allows them to focus on their job without worrying about being sued,” he said. “Public entities have a duty to the community as a whole, not to any one individual.”

But not everyone agrees. Chris Hurley, president-elect of the Illinois Trial Lawyers Association, argues that the public duty rule unfairly protects public safety employees from accountability, especially in cases of willful or reckless behavior. He said the court was right to strike it down and warned that reinstating it could lead to a lack of consequences for serious misconduct.

“We don’t want a system where people in uniform can act recklessly without facing the consequences,” Hurley said. “That’s dangerous for the public and undermines trust in our institutions.”

Despite these concerns, supporters of the bill say the current legal protections are insufficient. They claim that the existing tort immunity only applies as a defense in court, which means municipalities must spend taxpayer money to defend themselves in every lawsuit, even those that may be frivolous.

As the debate continues, the outcome of this legislation could have lasting implications for how public safety agencies operate and how they are held accountable for their actions.

Thanks, Dan

Excerpts from pantograph.com:

An unexpected alliance has formed between two groups that usually clash over legislative issues: the Illinois Municipal League and the Associated Fire Fighters of Illinois. Both are now supporting a bill aimed at restoring the public duty rule, a long-standing legal principle that protected public safety employees from being sued over service prioritization.

The bill, sponsored by state Senator James Clayborne, would bring back the public duty rule that was recently struck down by the Illinois Supreme Court. This rule historically stated that government units and their employees have a duty to protect the community as a whole, not just individual citizens. That meant first responders could make tough calls based on available resources without fearing legal repercussions if a particular service didn’t meet expectations.

The Supreme Court’s decision came in response to the 2008 death of Coretta Coleman, a 58-year-old woman who called 911 after experiencing breathing difficulties. A series of delays and communication errors occurred before paramedics were finally allowed entry to her home. By then, more than 40 minutes had passed, and she was found unresponsive and later pronounced dead.

Coleman’s family filed a lawsuit against several emergency services providers, including the East Joliet and Orland fire districts, Will County, and the responding employees. Lower courts had ruled in favor of the defendants using the public duty rule, but the Supreme Court overturned that decision in a 4-3 ruling, effectively eliminating the rule.

In his majority opinion, Justice Thomas Kilbride noted that while the legislature could choose to restore the rule, it was up to them to determine public policy. “If the legislature determines that the public policy requires it, it may codify the public duty rule,” he wrote.

Brad Cole of the Illinois Municipal League criticized the decision, calling it “dangerous” and warning that it could expose local governments to lawsuits over how they prioritize emergency calls. While there haven’t been many new cases since the ruling, supporters say the risk remains real.

Perry Browder, president of the Illinois Trial Lawyers Association, opposes the bill, arguing it is too broad and could prevent necessary oversight of public safety agencies. “We don’t want to encourage frivolous lawsuits,” he said, “but we also don’t want to allow reckless or intentional conduct that puts people at risk.”

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