Editorial: Putting a price on a human life

Tuesday, Aug. 11, 1998 | 10:11 a.m.

Nevada has one of the lowest tax burdens in the nation, and while no one wants to pay higher taxes, the reality is that fewer tax dollars collected translates into Spartan government services.

The state's fiscal frugality also is felt in other areas. For example, Nevada law puts a $50,000 lid on damages awarded to people who bring civil lawsuits against public employees. So when a woman was killed three years ago by a Metro police officer in a traffic accident, her husband was able to collect only $50,000 for that tragedy.

As the Sun's Martin Kuz reported Sunday, Nevada's $50,000 ceiling ties with Oregon as the lowest in the nation. Only Arkansas and Michigan give government agencies and their workers complete immunity from civil lawsuits. Nevada itself didn't allow any compensation until 1965, when it established a $25,000 limit on civil lawsuits against government agencies and their employees. The cap was raised again in 1977 to $35,000, then to $50,000 in 1979.

The cap has stayed at $50,000 for nearly 20 years. Time and again state legislators have opposed increasing the cap, arguing that large judgments in favor of plaintiffs could hurt the budgets of local and state government.

In addition, the trend in the past decade has been for state legislatures, including Nevada's, to place limits on damages, not increase them. So prospects for increasing the amount don't face good odds. Even so, the Nevada Legislature is long overdue in debating whether a $50,000 ceiling is justifiable.

Supporters of the cap have a good argument that eliminating a damage ceiling entirely could lead to judgments crippling small municipal governments. But a $50,000 limit is outdated and unfair. As some have noted, one week's worth of medical bills from a devastating accident easily can pass that threshold.

The Nevada Legislature should increase the existing cap of $50,000 to a more reasonable amount. A suggestion offered by Sen. Bill O'Donnell, R-Las Vegas, to double the amount probably is not enough, but it at least is sensible and has a realistic chance of becoming law.

Governments and their employees should be held accountable when they make mistakes or take deliberate actions that result in tragic consequences. And while no one can ever establish a dollar amount that can reflect adequately the loss of a life or a debilitating injury, a $50,000 limit can no longer be justified.