People injured at the tragic Indiana State Fair stage collapse, and the people who have lost loved ones, are finding they are doubly cursed.

Not only do they suffer this tragedy but then they discover when they seek the assistance of attorneys to obtain fair compensation for their losses and injuries, how unlikely it is that they will be justly compensated. Fair compensation for the victims’ losses can’t happen with the current Indiana statute limiting liability for public agencies and employees.  Indiana’s liability limits are totally inadequate to cover a situation such as this one.

The incident itself at the Indiana State Fair was horrific. Shortly before 9 p.m. on August 13, stage rigging collapsed in strong winds right before a Sugarland concert, killing seven people and injuring scores more. The combination of foreseeable summer weather, bringing with it strong but not unknown winds, failure to warn the audience despite having warnings from the National Weather Service and improper and below industry standard construction of the stage rigging combined to cause the stage rigging to collapse and injure many who were there simply to spend a warm summer evening listening to their favorite band.

The causes of the collapse, and the judgment of those who should have given evacuation orders, are still under official investigation. For its part, Hausmann-McNally is also investigating the installers, stage component suppliers, engineers, independent and outside contractors who worked on the stage design, installation and specifications for materials as well as the State and Fair Ground employees who failed to act as they should have to protect the people they were responsible for on the Fair grounds.

The State of Indiana has an indefensible position in terms of the caps on payments it has put into place. Thanks to the Indiana State Legislature, those injured and those who lost loved ones will probably never receive adequate compensation for their losses and injuries.  This is because no matter how many are injured or killed by State action or inaction IC 34-13-3-4 limits the government’s total responsibility to $5 million for the entire incident. It sounds like a lot until you realize the scope of the tragedy that occurred and all the lives that were taken or severely damaged.

In any state, in any situation, the $5 million cap is ridiculously inadequate to cover these types of catastrophic events. Unless personal injury attorneys find other sources of recovery, victims’ medical bills may not even be covered. Their loss, if not covered by any other source, could bankrupt them. Rodney Tucker, who heads the Hausmann-McNally Indianapolis office, is also looking into the constitutionality of the Indiana caps.

“This law limits its own responsibility in a cavalier fashion and states, ‘a governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages,’” Tucker says.

Did lawmakers lack the vision to anticipate a catastrophe as broad as this one at the Indiana State Fair or did they smugly set an unrealistic cap in an attempt to evade responsibility for the government’s actions and inactions?

The whole issue of caps on liability is just bad public policy. It is a creeping disease that seeks to control damages for the most seriously injured by fiat. States put a price on a human life and tragedy as easily as a piece of meat. The whole concept of caps supposes you can apply a one-size-fits-all rule to every situation. This tragedy may wake up victims and their families to the injustice of the caps. “Five million won’t begin to cover these losses and injuries, ” according to Tucker

In addition to the deaths, severe injuries reported include spinal injuries, head injuries, wounds and broken bones. While attorneys are searching to identify responsible parties, it would be appropriate for the Indiana legislature to review this law and change it to reflect reality.

“Of course, Hausmann-McNally will file lawsuits and we will pursue every possible lead that can achieve just compensation for our clients. That is what we do. It is just a shame that the state has chosen to make it harder on everyone.”

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Hausmann-McNally has law offices in Indianapolis and Merryville, Indiana, as well as in Illinois, Iowa, Ohio and Wisconsin.

If you were involved in the August 13 incident and do not yet have representation, or know someone who was there, please let them know our firm is already working hard for several clients. We are also interested in interviewing anyone who was a witness to the event.

Call Hausmann-McNally at 800-227-6699.

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