"Examining the 'Free' in Free Public Services Doctrine," DRI For the Defense
Knowledge

"Examining the 'Free' in Free Public Services Doctrine," DRI For the Defense

“Municipalities provide emergency services to taxpayers using tax dollars. However, in the event of a large disaster, these services can quickly empty the coffers,” write Jonathan M. Bernstein, an attorney in Goldberg Segalla’s Municipal and Government Liability and Global Insurance Services Practice Groups, with co-author Aaron J. Aisen.

“When a private party voluntarily reimburses the community for those expenses, the municipality is grateful. However, a municipality has extremely limited ability to recover those costs through litigation.”

In this article, Jonathan and Aaron examine practical considerations for municipalities through analysis of a recent decision by the U.S. Court of Appeals for the Second Circuit, in which a county in New York State attempted to sue to recover costs associated with the response to and cleanup of an airplane crash.

Read the article here: