JEFFERSON COUNTY, Colo. -- Legal experts say the state of Colorado's potential liability in the Lower North Fork Fire is a maximum $600,000, if residents sue alleging that a state agency's prescribed burn ignited the wildfire.
It appears the State Forest Service is responsible for the lower north fork wildfire, which destroyed or damaged 23 homes, claimed the lives of two people and forced thousands to prepare for evacuations. According to 9NEWS Legal Analyst Scott Robinson, the Forest Service can not face any law suits due to a Governmental Immunity Act. I'll have a full report on 9NEWS at 9pm and 9NEWS at 10pm. In the meantime, what do you think about that?
I heard on the AM radio today it was the State Forest service not Feds, and they were apparently on site monitoring it, but I guess not good enough.
As for the liability, its common that you can't really sue the gubmint for much of anything. The role of government is to make sure you can sue private corps and doctors for billions, but the gov't is immune so they can collect plenty of campaign donations from the Trial Lawyers.
Interesting question. But what about the liability of the Denver Water Board? Wasn't it their property? Or do I have it wrong? Haven't had time to check it out. Saw Scott Robinson's explanation. Was it State Land?
bumper sticker - honk if you will pay my mortgage
"The problem with Socialism is that eventually you run out of other people's money." attributed to Margaret Thatcher
"A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned - this is the sum of good government." Thomas Jefferson
On the subject of governmental immunity...I know this is not a popular view -- but I was taught that a single disaster would bankrupt a governmental entity if it didn't have such an immunity.
It's really WE who are immune in this instance, since we are "the people," and unless we want to pay our pro-rata share as citizens, we have to live with a limitation on damages if we're the ones that get hurt.
It's typical for the arrogance of government to limit their liability while leaving the rest of us who they govern exposed.
If an individual had set this fire- that person would be liable for millions- up to and surpassing their net worth- if the state burns down you're private property and kills you- they have limited themselves to $600k. And that is not $600k per victim- it's $600k split up among all the victims.
I think the limited liability rule should be recended- government should be liable for the damage it causes. Not only that- but the individuals responsible should be held to pay for the mistake- this is the standard for you and me- why is government any better than us- the property owners.
I predict that if they were liable and responsible- government would be less involved in trying to stick their thumbs in every aspect of our lives. Maybe they would stick closer to their original intent and purpose instead of being the authority and regulator of everything.
I can't even fathom the avalanche of new rules -regulations and restrictions- spanning over property rights and building code issues that are going to result from the over-reaction after this fire- and to think that it was the government that was the cause of it all. Maybe we need new new rules -regulations and restrictions for government!
Again: It's really WE who are immune in this instance, since we are "the people," and unless we want to pay our pro-rata share as citizens, we have to live with a limitation on damages if we're the ones that get hurt.
If you would rather that your taxes were increased to pay for claims or for insurance policy premiums to pay claims, that would work too. Problem is: nobody ever wants to pay more taxes. Or claims. Or insurance policy premiums.
If you would rather that your taxes were increased to pay for claims or for insurance policy premiums to pay claims, that would work too. Problem is: nobody ever wants to pay more taxes. Or claims. Or insurance policy premiums.
It could be that you are not paying attention- did you read my post? I'd like to see a more limited government- that sticks to it's core missions instead of one that is all encompassing. This would do more to protect the taxpayer than passing an immunity law that sets a different standard between government and citizens.
They get to play by their rules- and they have a different set of rules for us- the suckers.
