Community Corner

Town: Cutting Legal Bills Saves Everyone Money

COST, First Selectman Plead For Tort Reform

Want to keep property taxes down? Pass tort reform, First Selectman Dan Steward and the Connecticut Council of Small Towns (COST) say.

Currently, COST is pushing for towns to have the same protections on open property that private landowners have. The move will allow towns to open up more space to the public, while making government less expensive, Steward and COST officials said.

“Open space lands are a vital part of the charm and character of Connecticut’s small towns,” said Bart Russell, Executive Director of COST. “Unfortunately, municipalities are increasingly exposed to enormous liability for injuries occurring on recreational lands, as evidenced by recent court decisions that have awarded multi-million dollar damage awards to plaintiffs. As a result, many communities are considering or have already begun to limit recreational activities on municipally owned lands.”

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Under the new rules, towns will have the same liability as private property owners on land open to the public. For example, if somebody fell in a town-owned park and hurt their ankle, it would be harder to win a lawsuit.

Waterford’s Experience

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Many have sued the town of Waterford after hurting themselves on town land, Steward said. Regulating every inch of town land is impossible, and common sense needs to be applied, he said.

“We do not have the ability to maintain every acre of town land,” Steward said. “There is really no way to protect ourselves.”

Recently, a woman sued the town for . Before, a family sued the town because a man drowned at Waterford Beach Park, despite signs that said “swim at your own risk” and “no lifeguard on duty.”

The hill lawsuit is still pending, and the town won the drowning case. But every one of these cases costs the town money, Steward said.

“Every lawsuit has a cost,” he said. “Costs of lawyers are originally picked up by our insurance company, but then they raise our rates the next year. So it is a hidden cost, but there is a cost.”

To avoid , the federal government should pass laws where if somebody loses a lawsuit, they should pay the defendant's legal fees, Steward said. However, passing tort reform is unlikely, he said.

“Many of our legislators are lawyers,” Steward said. “They are not likely to pass something that would ultimately hurt lawyers.”

U.S. Representative Joe Courtney and U.S. Senators Richard Blumenthal and Joe Lieberman all worked as lawyers before being elected to office. 


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