Sometimes it is hard to know what ITLA is doing for you. Most of it goes on in Springfield and out of our view. But it involves knowing who is doing what to take away the rights of injured people and making sure we are there to bring the fight.
On Wednesday I testified in Springfield in front of the House Judiciary Committee. The topic was the “Public Duty Rule.” This rule is a holdover from the common law which has been the source of much confusion since the passage of the tort immunity act in 1965. The Public Duty Rule is this: local governments have no duty to provide services to any individual but only to the public as a whole. This rule is a form of sovereign immunity which originated in England and essentially means that the King is not liable no matter what he does to you. Sovereign immunity was eliminated by the 1970 Illinois Constitution with the caveat that the legislature can pass laws granting immunities. That was done previously with the Tort Immunity Act in 1965.