RETHINK

Immunity

About the Video

Utahns should be able to hold their government accountable when its actions cause them harm.

Should a person be held liable for damages if they harm you or your property? What if they work for the government? In many cases, the state shields itself from being held liable for any wrongdoing.

Cases against government employees and entities are regularly thrown out by judges. Those harmed by their government face a profound injustice due to immunity laws—and for that reason, the laws need to change.

Featured Interviews

Darrin Berg:

“Our government really doesn’t care so much about each one of us. Our government cares about the final bill.”

Darrin Berg
Utah Widower

Esther Israel:

“It’s pretty scary to know that the government provides immunity to individuals and agencies that are fallible just like any other person or agency, and can get away with that.”

Esther Israel
Utah Student

Rep. Kim Coleman:

“This issue is growing in concern because government is growing. The likelihood that a citizen could come up against harm from a government official has simply grown.”

Rep. Kim Coleman
Utah Legislator

Sen. Howard Stephenson:

“When we think of being injured by government, we think it’s a rare thing, but it’s not. It’s just that we may not have experienced it in our lives yet.”

Sen. Howard Stephenson
Utah Legislator

Robert Sykes:

“The impact on some of my potential clients or clients of immunity is that they have serious losses and serious injuries, sometimes permanent, and there is no remedy. That is wrong.”

Robert Sykes
Utah Attorney

Why Reform Immunity?

Leveling the Playing Field

Government entities have an immense advantage over private competition—but both should be held to the same standard of accountability. Immunity should be waived for government-owned businesses when courts find sufficient private competition nearby.

Increase Accountability

Those who harm others should be held liable for damages caused. Unfortunately, Utah’s law prohibits government payouts past a set limit—even when the courts find them responsible. These caps should be removed so injured parties can be made whole.

Ensure Fairness

Utahns have three years to bring a lawsuit for property related damages, and four years for personal injuries—but only one year if the defendant is the government. This unfair discrepancy needs to be fixed for those who happen to be harmed by the government.

Provide Justice

No one should be shielded from responsibility when they cause harm. But immunity laws allow government entities and employees to be protected from even going to court. When legitimate cases arise, immunity should be waived to ensure justice is served.

Simplify the Process

Those who may otherwise have been able to sue the government are often barred from doing so because of a technical error based on an extremely precise process. This process should be simplified so people aren’t losing based merely on minor procedural errors.

Seek Insurance

Doctors equip themselves with liability insurance in case of a medical malpractice lawsuit. Gyms buy insurance in case of an accident—as do most businesses. Insurance is essential for government as well. Good coverage would weaken the need for strict immunity laws.