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Wisconsin Counties Association Applauds Pothole Liability Bill

Posted on: Wednesday, 2 November 2005, 21:00 CST

By Paul Snyder

The Wisconsin Counties Association released a statement Monday celebrating the passage of AB-509, which addresses county liability for inadequately maintained roads and highways.

The Pothole Liability Bill, as it is more commonly referred to, passed last week on a 61-36 vote. Authored by Rep. Sheryl Albers, R- Reedsburg, the bill repeals language in two sections of Wisconsin statutes that hold municipalities and counties liable for road defects.

Since the state Supreme Court's ruling in Morris vs. Juneau County in 1998, local governments have been held accountable for up to $50,000 in damages to people or property resulting from defects on their roads and highways.

Counties have complained, however, that these lawsuits have misdirected funds that would have otherwise gone toward adequate road maintenance. Craig Thompson, WCA's legislative director, applauded Albers for working to shift the focus back to the chief concern.

Potholes and similar road wear can develop with little warning, as weather conditions in this state are often unpredictable, he said in the statement. Thanks to Rep. Albers and her colleagues in the Assembly, we can avoid the potential of allocating property tax dollars to pay for defending lawsuits and instead focus these funds on the repair of our highways.

Simple wear and tear

Rep. Frank Lasee, R-Green Bay, one of the bill's co-sponsors, said it's important to realize that a pothole doesn't necessarily mean negligence.

In Wisconsin, there are going to be potholes that aren't caused by negligence, he said. And if it's not caused by negligence, why should the government have to pay? That's what insurance is for, and drivers also have a responsibility to be mindful of the road and try to avoid the potholes.

That's why legislators are saying the bill is also a step toward reducing the number of frivolous lawsuits relating to road maintenance. Rep. John Ainsworth, R-Shawano, another of the bill's co-sponsors, said he believes this bill will start to set a standard.

We believe it sets reasonable limits on who should be sued for what, he said. It's almost impossible to always be on top of every road defect, and this bill still maintains that counties will still be held liable for egregious problems - if a bridge is out for a long period of time, for example, and isn't adequately marked. But wear and tear is going to occur every spring, and of course, throughout the year.

He then illustrated the kind of dilemma that some of these lawsuits pose.

I live near the Highway 29 reconstruction, for example, and some of that road wear is caused by the very trucks coming in to fill the cracks and holes, he said. Is it right to sue them, or do you accept that they are doing their necessary work and the road may not be completely safe to drive on?

Ainsworth said this bill attempts to more clearly define the grey areas of the liability question.

We have to try to be reasonable, he said. I know there's not much room for common sense in law, but we have to try to establish some reasonable standards that everybody can agree on.

Source: Daily Reporter (Milwaukee)

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