Tort Liability in Emergency Planning: Technical Assistance Bulletin 7. Chemical Emergency Preparedness and Prevention

摘要

The threat of liability for government service in the context of Title III has been a subject about which there has been considerable interest. The report represents a review of the available information about tort liability in the Title III context and provides some guidance about how particular states fit within the general tort liability area. Although the threat of personal and organizational liability exists, several levels of legal determinations must be considered before liability is attached to a particular situation. First, the question of whether negligence by or on behalf of the state exists. If this question is answered in the affirmative, then there is the question of whether state law provides qualified immunity to protect the interests of the state and those who serve it. Because a particular state's law is generally the determining factor on many questions of liability, members of Local Emergency Planning Committees should consult legal counsel in their state to discuss their duties, authority, status as an agent of the state, immunities, and indemnification. Legal counsel can clarify the scope of individual and organizational liability so that local committees and their members can focus their attention on planning for hazardous materials emergencies.