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Welcome to the Big Apple... Just Don't Get Hurt During Your Visit

By Brian Mahany

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In recent weeks I wrote extensively on Wisconsin's new tort reform law. This is the legislation that hurts injury and crime victims. Whether it will help lower insurance rates, as some hope, remains debatable. Tort reform is not limited to Wisconsin, however.

Across the nation, many new Republican governors are working with insurance company lobbyists to limit the financial risk and liability for injuries to innocent victims caused by bad doctors, dangerous drivers and shady businesses. I thought things looked bleak in Wisconsin until I read New York City Mayor Mike Bloomberg's comments. New York personal injury lawyer Eric Turkewitz interviewed Bloomberg. The Mayor proposed the ultimate tort reform; make victims bear their own costs.

That's right, Mayor Bloomberg said that people injured by the city's negligence should simply "take care" of things themselves.

Expressed in other terms, if a person is hurt on a city bus, who should pay the bills? The cash strapped city or the victims? I think you know Bloomberg's position.

Bloomberg wants the city to be immune from its own mistakes and negligence. This is terrible public policy. By imposing liability for negligent and reckless actions, we encourage responsibility. But when we let those same people know that they are not responsible for the consequences of their actions, we encourage more mistakes. Why improve service or worry about public safety if you can never be held accountable?

Governments only learn from their mistakes when someone holds them accountable. In the case of personal injuries, a jury gets the opportunity to determine the consequences. Tort reform, however, removes the jury's discretion. In Wisconsin, it means an artificial cap on punitive damages no matter how bad the behavior of the defendant. If Mayor Bloomberg has his way, it means the city will have no responsibility whatsoever for its mistakes and negligence. Insurance companies may profit but injury victims will be devastated.

If you travel to the Big Apple, make sure a city bus doesn't hit you. Assuming you live to talk about it, you might also be paying for the hospital bills too.

Politicians need to balance the rights of victims with society's need for affordable insurance. The best way to do that is leave these decisions in the hands of a jury of our peers. In most instances, the jury gets it right. Of course, someone will always bring up the McDonald's hot coffee spill lawsuit or some other extreme verdict as an example of our "broken" civil justice system.

No one is perfect, not even juries. Because judges and jurors sometimes make mistakes, we have courts of appeal. While our justice system may not be perfect, it is better than a group of politicians and insurance companies in Madison deciding how much a brain injury victim should be compensated. And it's much, much better than Mayor Bloomberg saying, "Gee we are sorry you lost your leg, but come back and visit soon."

Tort reform legislation makes it more important than ever to have a qualified, competent lawyer fighting for you. Forget the TV ads and billboards; find a personal injury lawyer who truly cares about you and your case.

Brian Mahany is a partner at Mahany & Ertl, a Milwaukee, Wisconsin law firm concentrating in serious personal injuries, sexual abuse cases and wrongful deaths. He can be reached directly at (414) 704-6731 or through the firm's website.

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