Reduce state's tort liability

We have written and published numerous policy highlighters through the years about the alarming growth in our state's tort liability. While most states cap damage awards, provide for total and partial immunity, and grant immunity for parolee conduct, Washington is one of only a few states with very limited immunity and no limits on potential damages awarded in lawsuits. As a result, tort payouts by the state have increased more than 400 percent in the last decade.

As a result of this upward spiral in tort costs, self-insurance premiums for state agencies are rising dramatically.

Source: OFM memo dated May 29, 2002

Consider what that money could buy instead. The $173 million agencies now pay each year for self-insurance amounts to $110 per Washington family, or 17,000 new college enrollment slots, or a 15 percent increase in starting pay for teachers statewide.

We recommend:

• State legislators work to eliminate joint and several liability (where someone found 5% liable can end up paying 100% of the judgment; this is the "deep pocket" syndrome that lines the wallets of trial lawyers).

• All judgments over $1 million be subject to legislative appropriation.

• Legislators review previous recommendations from the Attorney General's office.

• State employees responsible for negligence or wrongdoing be held accountable.

• State officials evaluate whether or not they should and can effectively take responsibility for providing certain protective services. Within approved services, there should be clear guidelines showing the level and limitations of the state's liability.

Prepared by Bob Williams, President and Senior Research Analyst (360) 956-3482

Evergreen Freedom Foundation P.O. Box 552, Olympia, WA 98507 Phone: (360) 956-3482, Fax: (360) 352-1874 Email: effwa@effwa.org