EDITORIAL: Don't sour tort reform in Indiana

Indiana is a state where tort reform has worked well. Lifting the $5 million liability cap following the Aug. 13 Indiana State Fair stage collapse would jeopardize that reform.

So far, state Rep. Ed DeLaney, D-Indianapolis, has suggested raising the state's liability cap to 415 million. Republican leaders have said that would help trial lawyers, not the victims.

It is understandable that DeLaney wants to show compassion to the victims and their families, but Indiana needs to stay the course and keep liability limits low. Set liability limits per individual, perhaps, but be reasonable to keep costs sensible rather than sensational.

The idea of liability limits is timely not just because of this one incident, the stage collapse, but also because the nation is still struggling with ways to control health care costs. Indiana stands out because it went through tort reform years ago and already has achieved part of what the nation needs in order to help bring down the high cost of health care.

And what's taking so long to complete the investigation into the cause of the stage collapse and contributing factors? Families of the dead and injured have filed 66 tort claims -- so far -- announcing they intend to sue the state. The longer the investigation takes, the longer those families will have to wait for answers.

Delaying the deadline for investigators' reports until next spring, possibly as late as April 15, means the General Assembly is unlikely to have enough useful information to change laws or create new ones in response to the tragedy.

In any event, the Legislature needs to make sure it holds the line on the liability cap so Indiana will continue to serve as a model for the rest of the nation.