SAFETY Act

The Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act) provides some legal liability protections for providers of Qualified Anti-Terrorism Technologies – whether they are products or services. The goal of the SAFETY Act is to encourage the development and deployment of new and innovative anti-terrorism products and services by providing liability protections.

You can read the text of the SAFETY Act and the final rule for the SAFETY Act.

The Department of Homeland Security has a website dedicated to the SAFETY Act.

The SAFETY Act provides some liability protection to the “Seller” of the “Qualified Anti-Terrorism Technology.”

  • First, the Seller has a rebuttable presumption that they are entitled to the Government Contractor Defense (§863(d)).
  • Second, there is a prohibition on punitive damages and prejudgment interest (§863(b)(1)).
  • Third, the Seller cannot be required to purchase more liability insurance coverage than is reasonably available (§864(a)(2)).
  • Fourth, a limitation on non-economic damages in an amount proportional to the responsibility of the defendant for the harm (§863(b)(2)).
  • Fifth, a bar on non-economic damages unless the plaintiff suffered physical harm (§863(b)(2)).
  • Sixth, any recovery from a plaintiff is reduced by the amount of any collateral source compensation

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