1993 World Trade Center Bombing - Legal Responsibility

Legal Responsibility

The victims of the 1993 World Trade Center bombings sued the Port Authority of New York and New Jersey for damages. A decision was handed down in 2006, assigning liability for the bombings to the Port Authority. The decision declared that the agency was 68 percent responsible for the bombing, and the terrorists bore only 32 percent of the responsibility. In January 2008, the Port Authority asked a five-judge panel of the Appellate Division of the New York State Supreme Court in Manhattan to throw out the decision, describing the jury's verdict as "bizarre". On April 29, 2008, a New York State Appeals Court unanimously upheld the jury's verdict. Under New York law once a defendant is more than 50 percent at fault, he/she/it can be held fully financially liable.

It has been argued that the problem with the apportionment of responsibility in the case is not the jury's verdict, but rather New York's tort-reform-produced state apportionment law. Traditionally, courts do not compare intentional and negligent fault. The Restatement Third of Torts: Apportionment of Liability recommends a rule to prevent juries from having to make comparisons like the terrorist-Port Authority comparison in this case. However, if a jurisdiction does compare these intentional and negligent torts, courts' second-best position is to do what the NYS Appeals Court did—to uphold all jury apportionments, even those that assign greater, or perhaps far greater, responsibility to negligent than intentional parties.