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California Association of Joint Powers Authorities
Tort Liability Platform
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CAJPA supports legislation that restricts, limits, or eliminates the liabilities of public agencies.  It opposes legislation that would increase the liability exposure of those same public agencies.

 

CAJPA Supports:

 

  • The use of comparative negligence. 
  • Abolishment of joint liability and affirming several liability. 
  • Trial judges, not juries, establishing the level of punitive damage. 
  • Establishing a realistic cap on general damages. 
  • Allowing evidence of collateral sources of compensation for the same injury to be admissible in court. 
  • Limitation or elimination of the amount of prejudgment interest. 
  • Allowing public agencies to use periodic payments to satisfy judgments. 
  • Dissuading the use of escalation features on large awards, even when periodic payments are permitted. 
  • Restoring immunities for the condition of public improvements, which were safe when designed and constructed. 
  • Enhancing immunities for public entities that provide, sponsor, or conduct recreational activities. 
  • Ability of public agencies to obtain wrap-up insurance programs for public work projects. 
  • The ability to transfer risk through contractual agreements.

(2007)