Liability of Private Businesses and Industries for Earthquake Hazards and Losses: A Guide to the Law, Its Impacts and Safety Implications

摘要

Current tort law is reviewed for potential theories upon which the victims of earthquake-related harm or damages may base a lawsuit. These theories are examined in light of the potential claimants, the types of harm suffered by them, and the availability of legal defenses. The theoretical and actual impact of tort liability rules on implementation and earthquake safety measures are compared. Tort liability rules are examined as safety enhancement mechanisms: theoretically, the risk of potential tort liability and the resulting damages which may be recovered by a defendant ought to encourage potential tortfeasors to act in a safer manner than they might otherwise. However, there are also some non-liability related potential motivations for private industry and businesses to undertake earthquake-related safety measures. Survey results indicate that non-liability motives dominate private sector decisionmaking in this area. Several hypothetical situations are examined, and various approaches for increasing the effectiveness of tort liability in encouraging implementation of earthquake safety measures are evaluated.