Property damage immunity proposed for police officers

A bill providing immunity from liability for property damage was heard by the Judiciary Committee Feb. 8.

Under LB1107, introduced by Omaha Sen. Pete Pirsch, police officers who remove a vehicle, cargo or other property that is obstructing a roadway, creating an emergency situation or endangering the public would have immunity from liability for property damage.

The bill also would allow vehicle operators who are involved in an accident resulting in property damage—but not resulting in injury or death—to move their vehicle to the safest area before providing their personal information to the property owner or vehicle involved in the accident.

Dave Baker, deputy chief of the Omaha Police Department, testified in support of the bill, saying it would prevent primary accidents from becoming more severe secondary accidents. Other states that have implemented similar quick clearance programs have had a 69 percent reduction rate in secondary accidents, Baker said.

John Lindsay, a lobbyist for the Nebraska Association of Trial Attorneys, testified in opposition to the bill, saying he opposed giving police officers immunity from liability. The judicial system is set up to determine and hold accountable those who were at fault, he said.

JoAnne Hitz, president of the Professional Towers Association of Nebraska, provided neutral testimony, saying tow companies are primarily called upon to remediate roads after an accident and are expected to do so quickly and efficiently. Tow companies can be sued for damaging vehicles, she said, so private companies also should be released from liability.

The committee took no immediate action on the bill.