Legislators consider limits on personal injury lawsuits

State legislators hoped to get judiciary committee approval this week for a bill that would limit personal injury lawsuits stemming from incidents at popular recreation areas.HB 6557, An Act Concerning Liability for the Recreational Use of Lands, is a response to a personal injury lawsuit decided last year, in which a Rocky Hill woman was awarded $2.9 million after she broke her neck in a bicycle accident. Maribeth Blonski of Rocky Hill sued the Metropolitan District (MDC) in 2002 after she collided with a steel gate at the district’s West Hartford reservoir. Despite reports that Blonski had been traveling in the wrong direction and not looking where she was going, a jury declared her only 30 percent responsible for the collision, with the MDC primarily negligent for not posting a sign declaring the gate closed.The decision sent shock waves through the legal and outdoor-enthusiast communities, and forced municipalities to reconsider their policies on keeping recreation areas open to the public. MDC announced last year that it was considering closing all bike trails and swimming areas to the public, and an outcry from residents followed. Connecticut legislators began scrambling to come up with legislation that would grant towns and organizations like the MDC immunity from litigation.More than 700 people appeared at an MDC town meeting regarding the issue last July, and hundreds have testified in support of changes. Legislators introduced 14 different bills, with 35 different supporters, to address the problem. State Representatives Kevin Witkos (R-17) and John Rigby (R-63) were early proponents of legislation that would exempt the MDC from litigation.In January, HB 6557, An Act Concerning Liability for the Recreational Use of Lands, was drafted, with 21 cosponsors signing on. The act, which has strong bipartisan support, would grant immunity from personal injury litigation to municipalities, political subdivisions of the state and special districts which own publicly traveled recreation areas.In a letter to members of the Connecticut Chapter of the Appalachian Mountain Club, Chairman Tim Linehan wrote this week that the Connecticut Forest and Parks Association, the Sierra Club and more than 20 other organizations were lobbying for passage of HB 6557. There was an increased push for approval by members of the Joint Committee on Judiciary this week, with Friday, April 15, marking the deadline for action.State Rep. Roberta Willis (D-64) said Monday that she believes the bill will make it through committee and get a shot at passage in the General Assembly. “We need to close the loophole and give some protection to towns from personal injury lawsuits,” Willis said. “We all incur risks when we go out hiking. I went out hiking this past weekend and I thought I was going to break my neck because the trail was just ice. It was challenging. But if I slipped and did myself in, it would have been my own responsibility.”As one of the proponents of early legislation on the issue, Willis said Connecticut residents should be free to explore designated recreation areas without fear that they’ll be shut down the next time someone breaks an ankle.“The threat of litigation not only puts the fear of God into a town, but it also increases the liability insurance costs,” Willis said. “The bottom line in our area is that outdoor recreation is part of who we are in the Northwest Corner. Hiking, biking and boating are all things that we enjoy, and we are seeing an increasing public investment in recreational land. I think there’s an expectation when we make those investments that the public is going to have access to enjoy these places for recreation.”Despite some resistance from trial lawyers, Willis predicted HB 6557 would make it through the judiciary committee this week and eventually make it to the House floor. “There is no cost connected to this, so I would assume it could pass relatively quickly,” she said. If voted into law, the provisions would become effective Oct. 1, 2011.