Immunity Statutes are Bad for the Public
April 2025
Immunity statutes when used to shield a certain business or type of activity are bad for the public. Immunity statutes undermine public accountability by providing a shield for negligent actions. When a immunity statute provides a shield, an injured person is often left without any remedy under the law because the law prevents them from bringing a lawsuit and holding actors responsible.
When immunity statutes are in place, they can embolden those shielded to act recklessly or even unlawfully. With the shield of immunity, an actor may take chances they would not ordinarily take that lead to more dangerous choices being made and more people being injured.
Further, immunity statutes prevent courts from developing common law standards for conduct. Instead of the standard of reasonable care evolving with the change of the times, immunity statutes freeze the law in place. With this lack of development of the law, future dangerous conduct will not be deterred nor will the law be allowed to adapt to new circumstances.
At Herrick & Hart, we have been on the side of the injured since 1951. We offer a free consultation to those who have been injured due to the negligence of another. We also offer a contingency fee on personal injury cases.