Coopersburg Council on Rail Trail Joint Liability: “Let’s Go it Alone”

Coopersburg Borough Council rejected a proposal for a Rail Trail liability policy that would give joint liability and coverage to all the municipalities through which the trail runs. The proposal, spearheaded by Hellertown, would make all municipalities liable for any accident on the Rail Trail regardless of where it occurred.

By rejecting the proposal, council says the borough’s exposure to litigation would be limited. But members said it also means that if an accident happened on the borough’s section, the borough would not have the backing of the other municipalities.

 “If we have to go it on our own that may not be in our best interests,” said Councilman John Felch.

“There are benefits both ways,” said Councilman Dennis Balascak, “but we have the least exposure,” referring to Coopersburg’s smaller length of  trail compared with the lengths of other municipalities.

“We have such a small section,” Councilman Larry Pummer agreed. “We’re going to inherit increased exposure [if Coopersburg were to agree to the proposal].”

The proposal would also make the borough liable even though its section of trail hasn't been developed. “We don’t have a trail yet, but we’d still be liable,” Mayor Timothy Paashaus said.

Council agreed it would take on any risks without the help of neighboring municipalities. “Let’s go it alone,” Balascak said, summing up council’s position. The borough will use existing insurance coverage for the trail.

Meanwhile, Fire Chief Kevin Farnish requested that the borough enact a more comprehensive fire permit plan. Farnish wants to require corporations and businesses such as gas stations, repair garages and other businesses that might have flammable materials to obtain a permit through the fire department.

He claims this is common practice in other municipalities. “Every other municipality with the exception, so far, of ours requires permits,” he said.

Farnish explained that an expanded permit program would increase the Fire Department’s effectiveness. “We would have some idea of what we’re up against if we respond to a fire [at a business].”

Council agreed it would discuss the matter in committee and look to enact an expanded permit program in the future.

The current permit plan allows the fire department to inspect houses, buildings and additions for structural integrity, flammability factors and the availability of fire escapes.