Immunity for Causing Bridge Collapse

There’s a great controversy right now (obscured somewhat by the campaigning) about whether telephone companies ought to receive retroactive immunity for cooperating with the federal government in illegal wiretaps. (There would be no need for immunity without liability; if the telephone companies were not liable to their customers, there would be nothing for them to be immune from.) Meanwhile, other legislative immunities go unexamined.

For example in Minnesota it was determined that last year’s bridge collapse that killed thirteen people was due to a design defect. In Washington State the construction industry as a whole has absolute statutory immunity from claims arising from any disaster that occurs more than six years after completion of the project. The full weight of the disater falls on the victims. You may say “Well at least they could recover from the insurance companies” but no, the insurers of the responsible parties are released if their customer has no liability. So in Washington no matter what the scope of the disaster there is simply no recourse for the victims of construction-related calamities. Except of course with respect to condominia, where there is immunity for any disaster arising only 4 years from completion.

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