Labor and Management Find Common Ground on Liability Protection

Today’s burning question: Is it foreseeable that municipal leaders and their firefighters may one day be able to work toward a common goal rather than fighting over every single issue?

Answer: It would appear that long awaited day has arrived in Illinois.

According to the Herald & Review, the Illinois Municipal League and the Associated Fire Fighters of Illinois have teamed up to support a law to protect municipalities and government employees from liability. The proposed new law is a direct response to the Illinois Supreme Court’s decision in the case of Coleman v. East Joliet Fire Protection District, which abolished the public duty doctrine. Coleman was decided in January of this year.

The public duty doctrine essentially holds that government does not owe members of the general public a legal duty to render care in the absence of a special duty. It’s a rule that makes a lot of sense, as argued by the dissenting judges in the Coleman case. The Executive Director of the IML, Brad Cole, called Coleman a “dangerous decision.” Without it, anyone not satisfied with a level of service provided by government can sue claiming that a legal duty was breached, and they were harmed as a result.

The proposed legislation would enact a statutory version of the public duty doctrine. More on the story.