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Good news on liability proposal   Message List  
Reply | Forward Message #989 of 3207 |


Filibuster broken, local-liability proposal moves forward



LINCOLN - After breaking a filibuster led by State Sen. Ernie Chambers of Omaha, lawmakers gave first-round approval Wednesday to a bill that would give cities and other local governments limited protection from liability for injuries that occur at parks, playgrounds and other public facilities.

After two days of debate, the Legislature voted 42-1 to advance Legislative Bill 564, a compromise negotiated by lawyers with the League of Nebraska Municipalities, the University of Nebraska and the City of Omaha.

Their solution would excuse government from liability from the "inherent risk" of activities, whether that is crashing on a skateboard or a beaning in a baseball game.

If the injury is caused by a dangerous defect in a government-owned facility, the risk of liability depends on whether government officials were aware of the defect.

If they knew about it and didn't get it fixed, they would be held to the ordinary standards of negligence that apply to any private business owner.

Chambers fought the bill because, he said, if government builds inherently dangerous places such as skateboard parks, it should automatically be liable for injuries that occur there.

Most lawmakers, however, disagreed with Chambers, who cast the lone vote against advancing the bill.

Several said they thought skateboard parks should be kept open because they are a safer activity for young people than skating on streets and sidewalks.

And many stressed that the issue is not only about skateboard parks.

"This is about city parks and tornado slides," said Legislative Speaker Mike Flood, who said LB 564 struck a good balance between holding government liable for negligence while keeping public recreation facilities affordable.

The League of Municipalities and a coalition of government groups sought the legislation after the Nebraska Supreme Court ruled last September that political subdivisions were not protected by the Recreation Liability Act.

The act is a 40-year-old state law that encourages private land owners to allow people to use their land for hunting, fishing and other recreational activities.

Since 1981, the high court had ruled that the law also applies to free activities on public property, but it reversed that stance with its September ruling.

Facing steep insurance increases, several Nebraska cities padlocked skateboard parks in the wake of the ruling.

Some city officials said they feared they would have to close other facilities, such as hiking and biking trails, or cancel city activities, like fireworks shows, if the Legislature did not act.

LB 564, introduced by Sen. Mike Friend of Omaha, became the vehicle for a proposed solution. Friend lauded the work of Sen. Steve Lathrop of Omaha, who led the negotiations on behalf of the Legislature.

"It's a good bill," Friend said, "and Senator Chambers knows it."

But Chambers said, "Cities are more upset about being liable than they are concerned about the welfare of your child."





Thu Apr 5, 2007 3:04 pm

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Published Thursday | April 5, 2007 Filibuster broken, local-liability proposal moves forward BY LESLIE REED WORLD-HERALD BUREAU LINCOLN - After breaking a...
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Apr 5, 2007
3:05 pm
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