The Unseen Victims: Understanding Settlements for the 1993 World Trade Center Bombing
The 1993 World Trade Center bombing, a horrific precursor to the 9/11 attacks, often fades from public memory. On February 26, 1993, a truck bomb detonated in the underground parking garage of the North Tower, killing six people, including a pregnant woman, and injuring over a thousand others. The attack was intended to topple the North Tower into the South Tower, killing tens of thousands. While it failed to achieve its ultimate goal, it left a lasting scar on the victims and their families. While the 9/11 Victim Compensation Fund rightly provided aid to those affected by the later attacks, the victims of the 1993 bombing faced a different, and often more challenging, path to justice and compensation.
The Aftermath: Seeking Legal Recourse
In the wake of the 1993 bombing, many victims and their families sought legal recourse to recover damages for their losses. Over 500 people filed lawsuits against the Port Authority of New York and New Jersey, the entity that operated and provided security for the World Trade Center. These lawsuits alleged negligence on the part of the Port Authority, claiming that they failed to take adequate security measures despite warnings that the towers were a potential terrorist target.
A significant portion, approximately 90%, of these cases were settled before reaching trial. However, a key trial in 2005 resulted in a jury assigning 68% of the liability for the bombing to the Port Authority and only 32% to the terrorists themselves. This decision was based on evidence presented at trial that the Port Authority had received repeated warnings from security experts, including Scotland Yard, about the potential for a terrorist attack on the World Trade Center. Experts agreed that simple measures, such as closing the public parking garage beneath the towers, could have mitigated some of the risk.
The Port Authority’s Liability and the $100 Million Settlement
The jury’s decision to assign the majority of the blame to the Port Authority was significant. Under New York law, when an injury is caused by multiple defendants, the plaintiff can choose to collect damages from any or all of the defendants. This meant that the Port Authority was responsible for paying 100% of the damages, which plaintiffs estimated could reach $100 million.
The Port Authority appealed the decision, calling the jury’s verdict “bizarre.” However, in 2008, a New York appeals court upheld the jury’s finding of liability, paving the way for victims to recover substantial damages. Ultimately, the Port Authority was required to pay up to $100 million in damages to 55 attack victims or their families.
The Unique Challenges Faced by 1993 WTC Bombing Victims
The pursuit of settlements for victims of the 1993 World Trade Center bombing was fraught with unique challenges:
- Establishing Negligence: Unlike the 9/11 attacks, where the focus was on compensating victims of a clear act of terrorism, the 1993 bombing victims had to prove that the Port Authority was negligent in its security measures. This required demonstrating that the Port Authority knew or should have known about the risk of a terrorist attack and failed to take reasonable steps to prevent it.
- Statute of Limitations: There are time limits, known as statutes of limitations, for filing personal injury claims. Navigating these legal deadlines was crucial for victims seeking compensation.
- Eclipsed by 9/11: The 1993 bombing was largely overshadowed by the September 11th attacks. While victims’ family members and injured survivors of the 2001 terrorist attack received compensation from the September 11th Victim Compensation Fund, no such compensation was initially given to those affected by the 1993 bombing.
- Long-Term Health Effects: Many victims of the 1993 bombing suffered long-term health consequences, including respiratory problems and mental health issues like PTSD. Establishing the link between these health problems and the bombing was essential for obtaining adequate compensation.
The 1993 World Trade Center Victims Compensation Act
Recognizing the disparity in compensation between the victims of the 1993 and 2001 World Trade Center attacks, efforts were made to provide similar relief to the earlier victims. In 2002, the “1993 World Trade Center Victims Compensation Act” was introduced in the House of Representatives. This bill aimed to provide compensation for victims physically injured or killed in the 1993 bombing, mirroring the compensation and income tax relief offered to victims of the 9/11 attacks.
The bill sought to establish a compensation program administered by the Attorney General, with a Special Master to oversee the process. It also aimed to amend the Internal Revenue Code to include victims of the 1993 attack under provisions exempting terrorist victims from certain tax liabilities. However, this bill did not pass.
Lessons Learned and the Path Forward
The 1993 World Trade Center bombing served as a wake-up call, highlighting the vulnerability of high-profile targets to terrorist attacks. In its aftermath, security measures were enhanced at the World Trade Center, including banning underground parking, installing security cameras and vehicle barriers, and issuing worker ID cards. These measures, along with improvements to fire codes and emergency systems, likely saved lives during the 9/11 attacks.
The pursuit of settlements for the 1993 World Trade Center bombing victims underscores the importance of accountability and the right to seek justice for those harmed by negligence and terrorism. While the legal battles were complex and challenging, they ultimately resulted in significant compensation for many victims and their families.