The Governmental Tort Claims Act; requiring award of certain costs and fees for prevailing plaintiff; providing for liability for exempted acts upon certain findings by court. Effective date.
By enabling prevailing plaintiffs to recover their legal fees, SB1590 seeks to encourage individuals to file claims against governmental entities when justified. This change may lead to an increase in the number of claims filed, potentially making governmental bodies more accountable for their actions. However, the bill also protects defendants from bearing excessive costs when faced with unreasonable claims. This balancing act indicates an intent to ensure that while plaintiffs have access to legal recourse, governmental agencies are not unduly harassed by frivolous or baseless lawsuits.
Senate Bill 1590 amends The Governmental Tort Claims Act by introducing modifications related to definitions, the extent of liability, and exemptions from liability. Specifically, it requires the award of certain costs and fees to a prevailing plaintiff in tort claims against the state and its political subdivisions. Furthermore, the bill also authorizes the court to award fees to a defendant under specific conditions, such as when the plaintiff lacks a reasonable basis for their claim. This aims to alleviate the financial burden on the defendants, who are usually public entities.
Notable points of contention include the bill's implications on the scope of liability for government entities. Critics argue that while the bill aims to improve access to justice for claimants, it might inadvertently lead to an increase in frivolous lawsuits that could burden already limited public resources. There are concerns that the provision allowing for defendants to recover fees could dissuade valid claims, as individuals might fear the financial consequences of losing a case. This conflict suggests a need for ongoing discussions regarding the balance between accountability and the practical implications of increased litigation against the state.