Last year, we reported on a decision from the Illinois Supreme Court that abolished the "public duty rule" in Illinois. That rule provided that a local government entity and its employees owe no duty of care to individual members of the public to provide governmental services (including police and fire protection services).
Just last week, the Illinois House introduced legislation that would "reinstate" the public duty rule in Illinois. If passed, Illinois House Bill 2349 would expressly "codify" the public duty rule, and clarify that the rule is "grounded in the principle that the duty of a local governmental entity to preserve the well-being of the community is owed to the public at large rather than to specific members of the community."
Because this bill has a significant impact on local governments, we will follow it closely and report on its movement through the legislature.
Post Authored by Julie Tappendorf