Louisiana House Bill HCR161

Louisiana 2010 Regular Session

• Introduced: 5/12/10
• Engrossed: 5/12/10
• Report Pass: 6/10/10
• Passed: 6/14/10

Caption

Urges and requests the La. State Law Institute to study all aspects of liability relating to road hazards and make specific recommendations for limiting liability of the state

Impact

If enacted, HCR161 could potentially lead to significant changes in how liability is approached in Louisiana, particularly regarding state responsibility for road conditions. The study is expected to delve into the intricacies of sovereign immunity and the state's ability to limit its liability in instances of road-related injuries. Additionally, it may also address the scope of expropriation authority that can be granted to the state, which could impact future claims and lawsuits against the state for damages related to road hazards.

Summary

House Concurrent Resolution No. 161 (HCR161) urges the Louisiana State Law Institute to conduct a comprehensive study of liability issues concerning road hazards. The resolution highlights the financial strain on the state from significant damage awards associated with injuries due to poor road conditions, referencing several high-profile cases where the state was held liable. The legislature is motivated by a desire to explore potential legislation that could minimize the state's liability while still considering the public's rights and safety.

Sentiment

The sentiment surrounding HCR161 appears to be cautious support. Proponents within the legislature view the resolution as a necessary step towards protecting state resources and taxpayers from exorbitant lawsuits tied to infrastructure issues. However, there are concerns among some members about balancing the need for state protection against ensuring the well-being and rights of citizens who may suffer from dangerous road conditions. This highlights a tension between fiscal responsibility and public safety that could lead to further debate and examination as recommendations emerge from the study.

Contention

One notable point of contention surrounding HCR161 is the potential implications of limiting the state's liability. Critics may argue that any legislative recommendations should not compromise the rights of individuals injured due to negligent road maintenance. The language in the resolution raises questions about how far the state should go to shield itself from lawsuits and whether this could inadvertently reduce accountability for maintaining safe road conditions. The outcome of the study and subsequent recommendations will likely spark discussions about the appropriate balance between state immunity and public welfare.