By: Walter Olson

Walter Olson — Thu, 21 Aug 2008 05:26:02 +0000

I’m not endorsing the theory of liability either; for one thing, I’m not sure what local versions of sovereign immunity may apply. If we’re talking about (non-courtroom) efforts to assess blame realistically, though, I’m not surprised that victim families would be furious at the town’s officialdom for having promulgated a fire code and then failed to enforce its most elementary provisions. (Flammable foam ignored, occupancy limits boosted twice and then violated anyway, building mistakenly treated as not in sprinkler category.) By contrast, no one seems to be able to show that the beer defendants or Clear Channel or Home Depot committed any sin other than being in the vicinity with deep pockets. And so the West Warwick fire marshal/inspector, backed by his union and protected by indulgent state laws, recently retired on disability after facing few if any consequences; more or less innocent town taxpayers wind up paying a hefty bill; entirely innocent beer and radio investors pay the most of all. Not what I would call justice.

By: Ted Frank

Ted Frank — Thu, 21 Aug 2008 04:00:15 +0000

So are taxpayers better off if there is no fire code to fail to enforce? I’m not sure I buy the theory of liability.

Comments on: Station nightclub fire: government defendants settle

By: Walter Olson

By: Ted Frank