societymiscellaneous

SOCIETY WATCH: Miscellaneous

Insurance Law Forces Cancellation of 'Big, Bang, Boom'
KTIV-TV (Sioux City, IA), March 20, 2007

Organizers of Norfolk, Nebraska’s annual “’Big, Bang, Boom’” fireworks display have decided to cancel the event due to increased liability costs.  KTIV-TV reports that, due to the Nebraska Supreme Court’s September ruling that the state’s Recreation and Liability Act does not apply to apply to government entities, Norfolk officials have declared that “each organization that uses city property must increase their liability insurance coverage from $1-million to $5-million for their events.”  “‘We can’t cover the event,’” relates Don Wisnieski of the nonprofit Big Bang Boom, Inc.  KTIV-TV adds: “Members of the Downtown Norfolk Association, [sic] say the new insurance limit will likely cancel their events too.”  Events at stake include the Ethnic Festival, the Holiday Festival of Lights Parade, and Halloween trick-or-treating.  The Nebraska Legislature hopes to address the Supreme Court’s ruling “by the end of the current session.”  article »

Fire Company's Rejection Alarms Scouts
Douglas B. Brill, Express-Times (PA), March 5, 2007

Despite allowing access to one in years past, the Washington Township (PA) Volunteer Fire Company recently denied a local Girl Scouts troop use of a firehouse truck bay due, in large part, to liability concerns.  The Slate Belt Girl Scouts sought a bay as a staging ground to deliver 16,800 boxes of cookies, but they were told by the fire company that “[i]n this age of liability and litigation … they can't let anyone use the place without insurance – not even the Girl Scouts.”  Fire Chief George Abt relates, explaining the fire company’s decision to allow access in the past, that “that was when people were less litigious.”  On their new take on the issue, he continues: “‘It’s all because of these problems with liability ….  We would love to give everything away but you can't say yes anymore.  We didn't want to say no, but we had to.’”  article »

Red Cross Will Cease Elderly Transportation
Curtis Krueger, St. Petersburg Times, February 27, 2007

Curtis Krueger of the St. Petersburg Times reports that, due in part to liability concerns, “[t]he Tampa Bay Chapter of the American Red Cross is phasing out a program that gives [elderly heart patients] free rides to medical appointments.”  He writes: “In this sprawling region with many elderly residents and no unified mass transit system, the Angel Wings program fits many needs.  Volunteer drivers give about 16,000 rides a year to roughly 500 people in Pinellas, Pasco and Hillsborough counties.”  One patient, 87-year-old Rose Guarraia, worries about how she will get to her rehabilitation appointments in the future, telling the Times that she’s “‘fervently praying every time [she] can.’”  Scott R. Salemme, CEO of the Tampa Bay chapter, relates that the accidents volunteer drivers were involved in over the past year and the litigiousness of society factored heavily in to the chapter’s decision to discontinue the program.  He says that “[t]he chapter’s liability insurance rose 37 percent this year” alone.  article »

Innovators Matter Most
Robert E. Litan, Wall Street Journal, February 24, 2007

Writing in the Wall Street Journal, Bob Litan of the Ewing Marion Kauffman Foundation relates that “[t]he U.S. in the midst of the most entrepreneurial era in its history, with more than 500,000 Americans involved in launching their own companies each year and an estimated 10% to 15% of all working adults engaged in some kind of entrepreneurial activity.”  “And among these entrepreneurs,” he continues, “it is the innovators who matter most. …  The automobile, the airplane, the telephone, air conditioning, the personal computer and its software, and Internet search engines – all were launched by innovative entrepreneurs rather than large companies.”  Yet in order to foster more innovators and allow current entrepreneurs to grow, Litan argues that these four challenges need to be addressed: 1) “[e]nsuring a skilled workforce”; 2) “[r]eforming health care”; 3) “[p]romoting innovation”; and 4) “[l]imiting costly regulation and liability regulation.”  Of this last challenge in particular, he writes: “Because of their small size, entrepreneurial firms are especially vulnerable to excessive regulation and liability litigation.  Accordingly, entrepreneurs have the most to gain from sensible reforms requiring all major federal (and state) regulations to be implemented only if estimated benefits exceed costs, and by adopting further liability law reforms (without reducing incentives for all companies to make safe products).”  article » 

Beyond Tort Reform
Philip K. Howard, New York Sun, February 5, 2007

Commenting on reports which conclude that “U.S. securities markets are on the way to losing their pre-eminence,” Common Good Chair Philip K. Howard writes in the New York Sun: “What's largely missing in this debate is the critical role of trust in the law.  Perhaps the most chilling parts of the Bloomberg-Schumer report are the surveys of foreign business leaders who suggest, overwhelmingly, that they no longer trust American law.  For most of the last century, trust in American commercial and securities law was one of our greatest competitive advantages. …  But that trust has now capsized.”  “It's impossible to measure how much distrust of law has contributed to declining competitiveness,” Howard continues.  “But the evidence is all around us.  Just talk with foreign business leaders. …  Trust, once lost, is hard to regain. …  What's needed is not merely more tort reform, but also a fundamental shift in goals, toward balance and predictability.  Only then can we rebuild the trust in law that used to be one of America's greatest competitive assets.”  article »

81-Year-Old Sued in Meal Deliverer's Fall
David Doege, Milwaukee Journal Sentinel, February 1, 2007

Evans: Beloved Plunge Is on Thin Ice
Clay Evans, Daily Camera (Boulder County, CO), December 24, 2006

“[M]ultiplying rules imposed by the city of Boulder” are threatening to end the annual New Year’s Day Polar Bear Plunge at Boulder Reservoir.  The event’s organizer for the past 13 years, Walter Goedecke, “says new city rules are chilling his enthusiasm” for continuing to run the event which has drawn crowds over 400 the past few years.  Goedecke relates that city inspectors “threatened to shut him down just two hours before plunge time last year” because there was no ambulance in place and power cords were “in dangerous places.”  (Their claims were “‘baseless,’” he argues, because the ambulance was on its way and the cords were to be coiled up.)  Goedecke has since been made to agree to “use city fire personnel as emergency divers (volunteer rescue divers from the Longmont Emergency Unit have been on hand for years) and hire an off-duty police officer and parking manager” for the event – “costs [which] will prove burdensome on the small, essentially non-profit event.”  Helen Gavin, “a ‘risk management’ expert for the city,” explains that “the city loves the plunge, and wants it to live on” – “[b]ut [that] the new provisions are necessary … for the safety of participants and spectators alike (and, of course, to protect the city from liability).”  article »

No Stop Signs During Outages
Barrie Barber, Saginaw News, November 28, 2006

As yet another example where legal fear makes doing nothing appear more sensible than doing something, Saginaw County, MI, has discontinued the use of portable stop signs at traffic intersections during power outages.  Barrie Barber of the Saginaw News relates that, at the urging of risk managers and following the lead of the State Department of Transportation and the Saginaw County Road Commission, “[p]olice agencies countywide have agreed not to set out signs during outages to avoid liability concerns for communities if confused motorists collide.”  This change in policy has left at least one member of the Saginaw Township Board of Trustees “uneasy.”  Steven G. Gerhardt, who is also a veteran volunteer firefighter, recently stated that the new policy is “‘straight up dangerous.’”  He continued: “‘I'm not so sure we haven't deterred a lot of accidents (by erecting temporary stop signs).””  article »

Dundee Seniors to Lose Service
Christine S. Moyer, Courier News (Chicago), October 4, 2006

After 20 years in operation, the Dial-A-Ride service in Dundee Township, IL, is set to be cancelled – due to liability concerns.  The Courier News relates that the service, which is run by the Dundee Township Park District, “transports ... senior citizens and handicapped residents – for a minimal fee – from their homes to medical appointments, hair appointments and the grocery store.”  The park district board voted to end the service after their insurance company realized that it “‘extended beyond the scope of recreation services’ and thus would not offer the district ‘tort immunity.’”  Jim Miller, Assistant Director of the park district, argues that “[i]f the park district continued with the service and a ‘catastrophic event,’ such as a vehicle accident occurred ... the park district could lose its assets, including the building and the golf course.”  One of the Dial-A-Ride drivers, though, states that it would be “‘devastating’” for the service to be discontinued.  “‘For most of these people,’” he states, “‘it’s the only way they’ve got to get around.’”

Fair Lives, with a Few Changes
Susan Gvozdas, Baltimore Sun, September 15, 2006

“Don't show up at the Anne Arundel County Fair this weekend looking for the pet parade or the turtle races,” The Baltimore Sun advises.  Illustrating another example of how legal fear has touched upon our lives, the paper reports that liability concerns have forced the organizers of the nonprofit Maryland fair – now in its 57th year – to cancel the popular parade, which involves owners dressing up their pets.  The same concerns have also prevented the organizers from bringing back the turtle races and the greased pig chase, which were canceled a few years back.  The Sun writes: “Volunteer organizers would rather cancel an event than face a lawsuit or pay increasingly high costs for liability insurance, for which it pays at least $20,000 a year.”  For the pet parade in particular, organizers decided “it was too much work trying to verify whether the animals had had all their shots.”

Job Rules Hinder Would-Be Helpers
Bill Walsh, Times-Picayune, August 11, 2006

Bill Walsh of New Orleans' Times-Picayune reports that, a year after Hurricane Katrina, “[b]ureaucratic red tape over the issue of medical liability” still hampers the ability of healthcare workers to volunteer in disaster zones, and that “Congress has yet to act on a bill designed to speed things along.”  He relates the story of a team of Iowa workers who, upon witnessing the “chaos and misery” wreaked by Katrina, drove 17 hours from Sioux City to Baton Rouge to volunteer their services, only to be told that they could not help because they were not licensed or insured in Louisiana.  Quoting Michelle Stephan, CEO of the Siouxland Community Health Center, he writes: “’We were led to believe they would be covered (against malpractice liability), but when they got down there we found out they weren't’ ….  ‘It's a year later and they still don't have the process in place in case something like this happens again.’"  From the federal government’s standpoint, the liability shields put in place by Louisiana Governor Kathleen Blanco by way of executive order in the wake of the storm did not extend to the 20,000-plus healthcare workers “employed at community health centers across the country who are expected to respond to disasters” because Louisiana fell out of “their service area” – or, as it is referred to in the Federal Tort Claims Act, their “’scope of project.’”  Representative Joe Schwarz (R-MI) submitted legislation last September that would “automatically extend[ ] federal liability coverage to health center workers when they respond to a disaster” – the bill, however, has gone nowhere, and Representative Schwarz recently lost a primary challenge.  article »

Liabilities Scare Lawyers' Group Away from Surf Meet
Stewart Yerton, Star Bulletin (Honolulu, HI), July 26, 2006

Lea Hong, a Honolulu, Hawaii lawyer, thought the surfing contest she was organizing for early August would be the “perfect capstone for the American Bar Association's 2006 annual meeting,” which is scheduled to take place, in Honolulu, the first week of August.  However, when she approached the ABA about sponsoring the event, they passed.  The reason?  Liability concerns.  "’It's really funny,’” she said.  “’They were freaked out about the liability issue related to a surf contest, even though we had liability insurance and everything.’”  The show will go on, though, thanks to the Hawaii State Bar Association and LexisNexis, which both agreed to serve as sponsors.  article »

Law Covers Retired Health Care Staff Who Help Out in Case of a Disaster
Terry Rindfleisch, La Crosse Tribune (Wisconsin), May 16, 2006

With the singing of a new law, Wisconsin will now provide liability and workers compensation coverage for retired nurses and physicians who volunteer during a public emergency.  Under the old law, retirees were prohibited from providing emergency care unless they were licensed or certified – now they only have to have been licensed or certificated with in the prior 10 years.  Dr. William Agger, who spearheaded the effort to change the law, said that most retired health professionals would want to volunteer in an emergency if they were allowed and had some liability protection.  article »

Bill Aims to Protect Post-Hurricane Volunteers From Lawsuits
Associated Press, April 5, 2006

A recently introduced bill in the Louisiana House of Representatives would give post-hurricane medical volunteers in the state additional protection against malpractice lawsuits.  Rep. Sidney Mae Durand introduced the legislation after Hurricane Rita “when doctors from overseas and from other states came to Vermilion Parish … to offer their help but went home after realizing that Louisiana law did not fully protect them from such suits.”  During a state of emergency, the representative’s bill would limit medical volunteers’ liability for injuries or deaths “‘except in the case of gross negligence or willful misconduct.’"  Rep. Durand also introduced a bill that would provide similar liability protection to organizations that provide post-hurricane housing and related assistance, such as the United Way and the Southern Mutual Help Association.  On his reasoning for introducing the legislation, Durand stated, "’What would we do without volunteers?  We don't have enough people to take care of all this.’"  article »

When Fear Is Deadly
Philip K. Howard, New York Sun, March 14, 2006

While Charles Cullen, the murderous nurse who was recently sentenced to 11 consecutive life terms, is no longer a threat to society, Common Good Chair Philip K. Howard writes in a piece for the New York Sun, “the underlying problem that allowed him to kill still is.”  For 16 years, Howard notes, Cullen was allowed to move from hospital to hospital in New Jersey and Pennsylvania because the fear of litigation prevented his previous employers from giving him a bad reference – this despite their knowledge of his odd behavior.  “America’s lawsuit culture has bred all kinds of bizarre changes to our society,” Howard argues.  “But the inability to be honest about how you feel about other people is one of the most destructive.”  What is needed, he concludes, are changes in employment law that will “promote honest opinion on matters of character and competence in all areas of society.”  article »

A Bureacratic Bungle
Toledo Blade, February 22, 2006

A recent Toledo Blade editorial praises Congressmen Joe Schwarz and Paul Gillmor for introducing legislation “to permit federally insured medical employees to automatically retain coverage while working in a declared disaster area. “  The bill is in direct response to the fact that federally insured health care providers from states outside of the Gulf Coast were prevented from volunteering their services in the aftermath of Hurricane Katrina because their coverage did not extend outside of their own states.  One group of Ohio volunteers was not allowed to practice in Biloxi, MS, because the Health Resources and Services Administration had no federal employee to swear them in, and then supervise them, as temporary Mississippi federal workers.  The Blade writes, “It's ludicrous that federally insured medical workers in one state can't work in another one and still have proper liability coverage.  And why in the world would they have to be sworn in again?  They were not traveling to another country.  They were in America.”  article »

Emergency Corps Seeks Lawsuit Immunity
Hiran Ratnayake, News Journal (Wilmington, DE), February 16, 2006

Delaware wants to create a state Medical Reserve Corps that “it can call upon when a state of emergency has been declared and there is a need for medical response” – but liability concerns are stopping many health care providers from volunteering their services.  To mollify these concerns, legislation has been introduced in Delaware to fully indemnify doctors, nurses, dentists, and dental hygienists from lawsuits for services they provide as volunteers in the Medical Reserve Corps.  "’If you want doctors to be available during a crisis, you better not make the environment too litigious,’" says the medical director of one Delaware trauma program.  “‘If you want doctors to be altruistic, you can't sue them.’”

Top Three Finishers to Attend State Spelling Bee
Carla Roccapriore, Reno Journal-Gazette, February 10, 2006

After the parents of a disqualified spelling bee contestant threatened to sue the event’s organizers should they not “meet [their] demand for a spell-off among the top three eighth-grade finishers,” the organizers decided to advance all three of the remaining competitors to the Nevada state final.  Sara Beckman was disqualified from the Washoe County Spelling Bee – the sixth-, seventh-, and eighth-grade winners of which would advance to the state final in Las Vegas – despite having correctly spelled the word “discernible.”  Until a lawsuit was threatened, “spelling bee officials insisted that her disqualification would stand because her parents' protest about the mistake was not filed immediately after the disqualification, as stated in the rules.”  Of their decision to relent, Washoe County school officials argue that it, in part, “ensures that threatened legal action by a local attorney would not block the state contest, which would have harmed students from across the state.”  article »

Stray Dunk Tank Toss May Sink Fireworks
Boston Herald, January 18, 2006

Residents of Braintree, MA, may have to say goodbye to the town’s annual Fourth of July fireworks display.  A local man who claims to have been injured at a previous Fourth celebration by a shoddy softball toss at the charity dunk tank is suing the celebration committee.  Members say they have already spent $7,000 in legal fees and are now bankrupt.  Unless they are able to raise $35,000, this will signal the end of the 32-year South Shore tradition.  article »

Goodbye, Moon
Karen Karbo, New York Times, December 4, 2005

A New York Times op-ed takes a tongue-in-cheek look at what would happen if several of the rules and regulations that affect today’s schools and childcare centers were applied to the 60-year-old children’s classic “Goodnight Moon.” The book, which tells the compelling tale of a baby bunny who must say goodnight to various objects in his room before falling asleep, features illustrations of a nursery that would be hard-pressed to pass present-day safety codes. Writer Karen Karbo suggests using digital imaging to remove mice, which “carry hantavirus, hemorrhagic fever, salmonella and Lyme disease,” balloons, since they “cause more choking deaths among 3- to 6-year-olds than any other toy,” and a bowl of mush that appears to have been sitting out for a while culturing “potentially fatal bacteria.” Karbo also questions the childcare credentials of the “quiet old lady whispering hush,” and recommends removing two “unsafe windows” that are missing locks and window guards and replacing them with a “moon painted on the wall with nontoxic, lead-free paint.” Given all the violations in his nursery, it is a wonder Bunny ever made it through the night—let alone 60 years.

Volunteers Are Upset by Safety Rules in Forest
Debbie Gilbert, Gainesville Times, November 14, 2005

Legal fear may explain recent efforts to have volunteers in Chattahoochee National Forest comply with strict safety regulations.  Volunteers, who are nearly the sole providers of trail maintenance for the forest, are now expected to wear protective gear, including hardhats, and may be required to participate in full-day certification workshops.  Some are worried that these strict rules may discourage groups from working on the trails.  “'It almost feels like they’re trying to run us out,'” states the head of one volunteer group.  “'We’re trying to help (the forest service), because their funds are being cut.  But I’m afraid this is going to dishearten a lot of loyal trail people.'”  Forest officials explain that the recent initiative was not “'triggered by any particular incident,'” and is just part of a “'renewed emphasis on safety.'”  But the head of another volunteer group sees a greater underlying issue: “'I don’t blame the forest service for this. I blame our legal system…we do sign waivers (before participating in a work day), but a waiver is only as good as the lawyer that’s going to sue you.'”  article »

Worried About Liability, Library Spurns Device
Matt Gunderson, Boston Globe, September 1, 2005

Trustees of the Lawrence Library in Pepperell, MA, have turned down an offer from local fire officials to install donated defibrillators in the building. The small, hand-held devices deliver an electric jolt to the heart that could help save the lives of patients who suffer from a heart attack. Library administrators acknowledge this, but say that liability concerns influenced their decision. "Anything that helps the public safety is good, but we have some reservations that we are opening ourselves to a lawsuit," said Joan Wright, vice chairwoman of the trustee board. article »

Bureaucracy in Times of Crisis
Steve Kelman, Federal Computer Week, September 2005

In recent articles, Common Good Advisory Board member Steve Kelman addresses the challenges posed by needless bureaucracy in times of national crisis. September 11, 2005 article » September 20, 2005 article »

More Brides and Their Families Are Taking Out Insurance
Anya Sostek, Pittsburgh Post-Gazette, June 10, 2005

The average cost of a wedding is now $26,327, but if someone gets hurt because of the event, it could cost the bride and groom much, much more. It's a fact that is contributing to a growing trend of purchasing wedding insurance to cover a variety of mishaps, from vendors going out of business to unexpected cancellations, property damage, and of course, lawsuits. Some reception sites are now requiring that wedding parties purchase liability insurance. "At the Pittsburgh Center for the Arts, director of special events Joy Sato said that one year ago she rarely mentioned wedding insurance, but now, 'it's almost getting to be a standard for me to suggest, "How do you feel about getting your own insurance?"'" The owner of one company that has "offered wedding insurance policies for the past 15 years" told the Pittsburgh Post-Gazette that they are also "increasingly ... insuring bar mitzvahs, anniversary and other large-scale private parties." article »

Fertile Fields for Tourism
Fred Alvarez, Los Angeles Times, May 19, 2005

Amid the urban sprawl of Southern California, agritourism provides "an authentic farm experience to people hungry to reconnect with their rural roots" and a financial lifeline for small farmers struggling to make ends meet. But the fledgling industry faces "looming concerns about liability and insurance. Watsonville grower Nita Gizdich, an agritourism pioneer and regular speaker at conferences to promote the movement, said she has talked to plenty of farmers who want to give it a try but are leery of the risks. And she knows some who have been put out of business by too many insurance claims." article »

Students Step Lively for Carnivale
Sarah Rohrs, Vallejo Times Herald, May 17, 2005

Nearly 300 students from Farragut Elementary School in San Francisco, CA, might have the opportunity to show off a Congolese dance routine they have learned in the city's 2005 Carnival parade on May 29--but only if the Educultural Foundation, which is coordinating the school's participation, is able to "raise thousands of dollars to pay for buses, costumes and other items needed for the ... performance." In previous years, the school has supported the Foundation's efforts financially, but this year, the school has withdrawn its support "[d]ue to liability concerns." The change comes despite the opinion of Farragut principal Lynn Stickland that the event is a "rich and potent experience," which the school is "really excited and very fortunate" to have. Students are now working to raise the needed funds.

Man Hurt by Parade Float Sues
Nick Divito, New York Daily News, May 9, 2005

Seventeen-year-old Shernon Donovan was tragically killed "when he was caught between the tractor cab and trailer of a float" while volunteering for New York City's West Indian Day Parade in 1999. His mother sued, "arguing that cops and parade officials should have done more to protect her son." But weighing one family's grief against broader social concerns, Brooklyn Supreme Court Justice Mark Partnow dismissed the case in January of this year. "The defendants were not required to eliminate every possible risk associated with spectator injury," Partnow wrote. "At age 17, [Shernon] was old enough to appreciate the dangers associated with walking and/or dancing too close to a large flatbed tractor-trailer in that crowd. ... By ignoring warnings [from organizers to step away from the flatbeds, the boy] voluntarily assumed the risk of being injured." article »

Liability Issues Major Impediment for Agritourism Initiatives
Rebecca Wilson, AgriNews Indiana, April 29, 2005

"Entrepreneurs looking to pump more value out of their farmland need meditate on one timeless truth when exploring agritourism outlets: The world is full of people who commit unwise acts and somehow they will find their way onto your property. ... As many agritourism operators have discovered, some insurers find the potential risk of combining public visitors with farm life to be too much to stomach, especially when animals are involved." The owner of a family farm that welcomes 475,000 customers ever year reports that he discontinued canoeing "because he could see the potential for liability claims should someone have a bad experience."

Hopping Holstein Shuts Down Cow Pie Bingo
George Hesselberg, Wisconsin State Journal, April 25, 2005

Because of legal fear--and one cow's impressive aerial feat--there will be no cow pie bingo event at this year's popular Syttende Mai Festival in Westby, WI. At last year's festival, "Baby" the cow surprised onlookers by leaping the fence to "escape from the bingo grid." She was recaptured without serious incident, but festival organizers, "worried about another cow hoofing it off the bingo field," have now decided to cancel the event entirely. In past years, Baby and the cow pie event "have raised a lot of money for the Westby Area Kids Organization." Cow pie bingo will be replaced by a raffle.

Sidewalk Didn't Pose Injury Risk
Robert J. Bruss, Arizona Republic, April 16, 2005

Josephine Caloroso was injured when she tripped over a crack in the sidewalk in front of Larry Hathaway's home. She and her husband then sued Hathaway for premises liability and loss of consortium, arguing that he "fail[ed] to warn of the allegedly dangerous sidewalk condition. ... [T]he elevation along the edge of the sidewalk crack was from zero to seven-sixteenths of an inch." But thanks to a common sense ruling by the California Court of Appeal, homeowners in that state don't need to inspect their sidewalks with a magnifying glass – not yet, at least. The judge said, "Persons who maintain walkways, whether public or private, are not required to maintain them in an absolutely perfect condition. ... Where reasonable minds can reach only one conclusion, that there was no substantial risk of injury, the issue is a question of law." article »

Why Contractors May Be Hard to Find
Valerie Cotsalas, New York Times, April 3, 2005

It's likely that few viewers of ABC-TV's popular "Extreme Makeover: Home Edition" will ever sit back and consider the liability risks of building a house in five days. But "at that rate," according to a builder who recently participated in the show, "the chance that a worker might be hurt falling from a ladder, tripping over a paint can or bumping up against the heavy equipment swiveling along the cordoned-off street ... goes up considerably." The New York Times reports, "Builders, developers and contractors of all sizes across New York State have seen their insurance premiums soar over the last three or four years. ... '[M]y liability insurance has gone up at least 30 to 40 percent every year,' said Cliff Fetner, president of Jaco Builders Inc."

"The insurance increases are passed on to homeowners and new home buyers. High-end homes are least affected by the increases, which are a small percentage of the total cost of million-dollar homes. But in the market for lower-priced homes, the increase is noticeable." Peter Elkowitz, president of the Long Island Housing Partnership, "a nonprofit developer that works with towns, banks and state and federal financing agencies to build affordable homes," said that the cost per unit has "gone up from $1,200 to about $8,000 a unit" over the last five years, largely due to the increasing cost of liability insurance. In New York, subcontractors are "protected from an employee's claim by state worker's compensation," but state "scaffolding laws" allow workers to "sue the property owner and the general contractor. ... [M]any companies will not even write insurance for builders." article »

Liability Issues May End Spring Events
Kim Marquis, Summit (CO) Daily News, March 8, 2005

The third-annual "E-Chair Challenge" in Breckenridge, CO, has been canceled after the Breckenridge Ski Resort declined to accept liability for the event and informed organizers that they would need to pay their own insurance. Insurance coverage would have cost the event's sponsor, Avalanche Sports, about $30,000, according to Avalanche owner John Shand. The challenge is "a timed event that counts team laps on the lift." Breckenridge spokeswoman Emily Jacob said, "All events are being more closely scrutinized ... because Americans like to sue. ... As a company, we have to protect ourselves." Two other spring events at Breckenridge also face cancelation if organizers can't find affordable insurance. These events are the 14th-annual "Imperial Challenge," a mountain bike ride that culminates "in a 3,000-foot descent on skis or a snowboard," and the 26th-annual "Bump Buffet," in which telemarkers "tackle the bumps dressed in zany costumes." Shand said the cancelation of the events is "stripping true soul from the mountain." article »

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