Liability Protection under the SAFETY Act

    19 December 2007
    The development of anti-terrorism technologies is of vital importance to the U.S. Department of Homeland Security (DHS) as it works to protect the United States by preparing for, preventing, and responding to terrorism.  After the terror attacks on September 11, 2001, the federal government wanted the private sector to become a “force multiplier” by researching and developing much-needed anti-terrorism technologies and services.  However, the federal government recognized the private sector’s very real concern over potential business-ending liability claims that could result if their technologies proximately cause real property damage or personal injury, or failed to function as designed in a terrorist attack.

    Reacting to this concern, Congress passed the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (the SAFETY Act), which provides legal liability protections to companies that design products or offer services that are aimed at combating terrorism.  Many buyers perceive DHS’s Certification of a product or service under the SAFETY Act as a significant and positive differentiator, and having SAFETY Act approval can be an important selling point.

    For more detailed information on the levels of protection offered by the SAFETY Act and how Patton Boggs can help clients in this area, please click the link below.