Several victims and victims’ estates recently filed a federal lawsuit to overturn Indiana’s limits on damages, and they are seeking class-action status for the filing.

Indiana is one of 33 states that cap state liability at a maximum of $5 million per occurrence. Individuals are permitted to collect up to $700,000.

But for victims of the collapse, which killed seven people when high winds toppled the stage onto a crowd awaiting a show by Sugarland, the limit on state liability has added insult to the numerous injuries already suffered.

“The cap on damages is arbitrary and capricious,” attorney Kenneth J. Allen said in a statement. “It is not indexed for inflation nor does it take into account the sheer number or extent of the injuries. It represents the worst kind of government interference. Justice requires that the cap be overturned in this case.”

According to court documents obtained by the Indianapolis Star, victims represented in the suit include the estates of Tammy Jean VanDam, Christina Santiago and Alina Bigjohny, who all died during the collapse; VanDam’s and Santiago’s surviving spouses Beth Urschel and Alisha Brennon, who were injured; and Tamara Porter, who suffered “extreme psychological and emotional trauma.”

The suit, which names Gov. Mitch Daniels and Attorney General Greg Zoller, contends the liability limit “fosters negligence and creates a disincentive to safety by making it economical for the State to take unreasonable risks and act negligently, particularly in large functions wherein hundreds of people may be subject to harm from a single occurrence.

“Given the liability caps, it is cheaper for the State to pay claims than pay the cost associated with universal accident-prevention measures,” the suit continues. “This results in the state being able to shift costs of injuries and damages caused by its negligence to third parties, including group insurers as well as the federal government.”

The AG’s office responded in a statement to the Star, noting the state plans to begin distributing the $5 million “fairly and equitably to victims.”

Additionally, while the AG’s office plans to defend the state against the suit, officials “generally believe it will be up to the Legislature to decide whether to rewrite the laws concerning liability and beneficiaries, and up to the courts to decide how to interpret those laws.”

In other Indiana State Fair news, the commission that oversees the event has approved a plan to distribute a relief fund to victims of the accident.

The fund, which includes more than $796,000 in donations, will allot $35,000 to families of the seven people killed; $25,000 for those people injured and hospitalized for at least 10 days; $7,500 for people hospitalized between four and nine days and $3,000 to those hospitalized for one to three days.

Claimants may file online at until Nov. 14.