Monday, September 23, 2013

Oregon government damage cap protects the careless:


TriMet's news release after the settlement said it "accepted responsibility for the negligent driving of the bus operator." TriMet omitted to say that, by law, the responsibility it accepted was for a fraction of the harm it actually caused.
Oregon state and local officials want these damage-responsibility caps to protect their budgets from catastrophic claims. But that is the job of umbrella insurance, which is the most inexpensive liability insurance on the market
TriMet is a unit of local government, and the Oregon Tort Claims Act at that time capped TriMet's liability at $500,000 per person and $1 million for all injuries and deaths resulting from one crash -- whichever is less. 

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