Shoot, work is pounding me already today. This post is abbreviated and messy, but I want to toss the topic out there for discussion.
I oppose Omaha Sen. Scott Lautenbaugh's bill (LB156) that would end municipalities' liability for losses caused by police chases. Of course the relevant government entities should be responsible for the actions of their employees, even if those actions are accidental. If I run over a child, am I not held responsible?
There are different levels of responsibility. My responsibility is higher if I hit the child while speeding through a school zone just after the final school bell; it is lower (or zero) if the child runs into heavy interstate traffic. Liability in police pursuits should be treated similarly. Chases involving mass murderers are worthy of more vigorous pursuit tactics; chases involving some guy who just stole a candy bar from Kabredlo's? Much more discretion is required.
Nebraska is the only state to have this sort of law. It is worth reading in full. I'm no lawyer -- far from it -- but I don't read the law as holding municipalities to any sort of ridiculous standard.
Anyway, I have to get to my work responsibilities. What do you think about Nebraska's current law, and Sen. Lautenbaugh's proposed changes?
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To answer one of your questions: No—if you run over a child you aren’t held responsible—unless you were negligent in some way. The current, unique-in-the-nation, law holds cities (and taxpayers) responsible no matter what—strict liability. My bill simply requires proof of negligence. That is all.
Hi Senator. Thanks for chiming in. Like I said, this post (and the time I had to think about it) was abbreviated. As I skimmed documents this morning (the current law, your bill, etc) I got the feeling I was missing something. I still haven’t had a chance to fully process everything.
And I can’t do it now, because I’m late to pick up my son 😊
Anyway, I look forward to seeing the discussions that arise as a result of your bill. There are some interesting topics here.
Who determines negligence?
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