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Title: The Great Hartford Circus Fire: Creative Settlement of Mass Disasters by Henry S. Cohn, David Bollier ISBN: 0-300-05012-7 Publisher: Yale University Press Pub. Date: 01 January, 1992 Format: Hardcover Volumes: 1 List Price(USD): $52.00 |
Average Customer Rating: 4 (1 review)
Rating: 4
Summary: GOOD LEGAL PERSPECTIVE
Comment: It should be noted from the outset that this book is not primarily on the Hartford fire itself, although it is covered in the first chapter. It is on the legal and financial fallout from the disaster. The authors explain that an out of court agreement was reached whereby the circus would be kept running while its owners paid out claims. The receiver for the case refused payment until all claims had been handled. Litigation arose only when it came time to pay the receiver, and he asked for $175,000. Had the circus declared bankruptcy as expected at first, claimants would have gotten next to nothing. The authors see this as a model settlement for mass disaster claims.
When I first picked this book up, I expected it to be a legal bore and almost returned it. But it was actually quite good. It presented a perspective on the Hartford fire and on disasters in general one rarely gets from most books. It is especially recommended for trial lawyers and litigants. Still, those interested in more standard accounts are urged to look at other books on the fire.
The authors are right to applaud the Hartford settlement and encourage alternative dispute resolution, but two questions are raised. First of all, as they admit, the fact that everyone was reasonable and efficient in 1944 during the war does not mean they will act that way today. Secondly, I fear that lawyers may use the threat of expensive litigation to coerce innocent defendants into paying up during mediation, sending us all back to square one.
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