Strong Law Offices
Illinois Workers’ Comp and Injury Lawyers
Toll Free 866-606-7862
Peoria 309-740-9092
Springfield 217-544-9005
Bloomington 309-226-4427
Decatur 217-877-6602
Main Menu
Get Strong

Illinois's Public Duty Rule Abolished by Supreme Court:

The Illinois Supreme Court (the highest court in the State) received voted to abolish the common-law "public duty rule." Illinois's long-standing public duty rule provided local governmental entities and their employees with immunity from lawsuits by holding that they owed no duty of care to provide governmental services. This meant that local governmental entities could not be sued for failing to provide police and/or fire protection to individuals or groups, such as failing to arrive within a certain time.

A divided Supreme Court held that the common-law rule was no longer necessary in light of Illinois's Governmental Tort Immunity Act. The public duty rule had previously been implemented by Illinois Courts for over 100 years. Under the Tort Immunity Act, an injured person must show that the governmental entity engaged in willful and wanton conduct, or engaged in a reckless disregard for the safety of the injury person in order to recover for their injuries. However, the public duty rule acted to eliminate recovery even where a governmental entity or its employees had committed willful and wanton conduct by holding that no duty of care was owed. In order to recover for willful and wanton conduct, or even simple negligence, in Illinois there must be a duty of care owed to the injured person.

Injured persons seeking recovery from governmental entities, municipalities, and/or their employees will now have to look to proving their cases based upon the intentional or reckless conduct of those parties. If you have been injured due to the alleged negligence of a local Illinois municipality, governmental agency or department you should not delay in contacting the experienced lawyers at Strong Law Offices. We will discuss your potential claims with you at a no-risk, free consultation. Don't delay, as the one-year (1-year) statute of limitations period on your claim is already ticking by.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Strong Law

Contact our lawyers at 866-606-7862 to schedule a free initial consultation from our Peoria, Bloomington, or Springfield offices. We are also available to meet at your home or at the hospital by request.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy