Lawyers Aruge Liability Cap Should Be Throw Out
- howellandchris   02-03-17
The attorneys for a 13-year old Ohio girl who was injured as the result of a stage collapse at the Indiana State Fair allege that the state’s 5 million dollar liability cap should be thrown out as being unconstitutional.
The girl had rejected an offer to settle by the state of $1,690 and the court says by rejecting the offer, she is not entitled to the up to $700,000 in individual damages.
The accident happened in 2011 when high winds blew down the rigging before a concert. As a result of the accident, 7 people were killed and more than 100 spectators at the concert were also injured. The girl was ten years old at the time of the accident, and suffered injuries and post-traumatic stress as a result.
Because the maximum amount of money approved under state law already had been paid, a Marion County judge ruled that the cap was constitutional. The cap was to insure that no catastrophic accident or injury would bankrupt the State’s treasury.
If the appeals court sides with the teen, this makes it possible for other accident victims at the state fair to file additional claims. The case, if settled in the teen’s favor would set a new precedent within the state.
Everyone should be able to expect just and adequate compensation as the result of a personal injury lawsuit. Setting limits as to what a plaintiff can have in such lawsuits can be unfair. This is especially true with the high cost of medical expenses and trauma and the sheer cost of helping you to get your life back in order.
The Law Offices of Howell & Christmas know the law and with more than 30 years of combined legal experience representing people who have been seriously injured, they can help you, too. Howell & Christmas has the expertise that can help you get adequate compensation for your injuries that were caused by someone else. Call us today to find out what we can do for you.