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)