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.
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