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Excerpts from the Chicago Tribune:
The group representing firefighters and municipal authorities is pushing for the revival of a law that would protect first responders—police officers, firefighters, and EMS personnel—from being sued when they attempt to assist individuals in distress. Known as the public duty rule, this regulation, which dates back to the 1800s, has historically provided these emergency workers with broad immunity against lawsuits related to their professional actions.
However, earlier this year, the Illinois Supreme Court overturned this rule in response to a case involving the 2008 death of a Will County woman. The woman had called 911 while experiencing cardiac arrest but passed away before receiving timely medical attention due to delays in emergency response. Her family subsequently filed a lawsuit against the fire protection district, alleging negligence in the handling of the emergency.
Although the initial lawsuit was dismissed, it eventually reached the state's highest court. In its ruling, the court highlighted that the public duty rule was outdated and led to confusion in legal proceedings. While acknowledging the existence of tort immunity, which offers similar protections, the court pointed out that it does not cover cases of willful and wanton misconduct.
Groups like the Illinois Municipal League and the Associated Firefighters of Illinois are concerned about the potential for frivolous lawsuits following the removal of the public duty rule. These suits could impose significant financial burdens on municipalities, ultimately affecting taxpayers. To address this, a bill proposed in the Illinois Senate aims to reintroduce the public duty rule, although it has yet to be reviewed by a committee.
Brad Cole, the executive director of the Illinois Municipal League, emphasized the importance of protecting first responders from unnecessary legal risks. He stated, “Public safety employees should focus on their duties without worrying about litigation. This rule has been in place for 160 years; we're simply restoring it.â€
On the other hand, the Illinois Trial Lawyers Association, which opposes the bill, argues that the public duty rule shields responders from accountability for misconduct. Chris Hurley, the association's president-elect, criticized the proposal, suggesting it would shield responders from facing consequences for egregious actions.
Meanwhile, proponents of the bill argue that the current immunity laws are insufficient. Unlike the public duty rule, these laws require government entities to bear the costs of legal defense, placing an undue burden on taxpayers. As the debate continues, both sides remain entrenched in their positions, highlighting the complexities of balancing public safety and legal accountability.
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Excerpts from Pantograph:
An Illinois Supreme Court decision has brought together two organizations that usually oppose each other in legislative matters. The Illinois Municipal League and the Associated Fire Fighters of Illinois, the state's largest firefighters union, are now supporting a bill aimed at shielding local governments and their emergency personnel from being sued over service prioritization issues.
Sponsored by Senator James Clayborne, the bill seeks to reinstate the public duty rule that was abolished by the Supreme Court in January. This rule had previously ensured that governmental bodies and their employees were responsible for the welfare of the community as a whole rather than specific individuals.
The Supreme Court's decision was based on a case concerning the 2008 death of Coretta Coleman. Despite the lower courts' rulings in favor of the defendants citing the public duty rule, the Supreme Court overturned them in a 4-3 decision, effectively eliminating the rule.
Brad Cole, the executive director of the Municipal League, described the court's move as "dangerous," fearing it might lead to an increase in lawsuits targeting local governments and their employees for how they manage multiple emergency calls simultaneously.
Despite the lack of immediate legal challenges since the ruling, the Illinois Trial Lawyers Association remains opposed to the proposed legislation. Perry Browder, the association's president, expressed concerns that the bill could discourage accountability among public safety agencies, potentially leading to reckless or negligent behavior.
As discussions continue, both sides are pressing their arguments, reflecting the ongoing tension between protecting responders and ensuring public accountability.