A Corporate Counsel's Guide to Disaster Litigation (Bloomberg BNA)

    6 March 2013

    Disasters happen. Whether they are natural, man-made, or human error, disasters are an unfortunate part of existence in a modern world. Malcolm Gladwell may have said it best: ‘‘[w]hat accidents like the Challenger should teach us is that we have constructed a world in which the potential for high-tech catastrophe is embedded in the fabric of day-to-day life.’’ 1 And quickly following any disaster are the inevitable lawsuits raising claims relating to the rapid response efforts undertaken by the public and private sector during and immediately following a catastrophic event. Disaster response is necessarily done under emergency conditions, often with altruistic motives. Under these circumstances, steps are often taken without time for a full assessment of risks or potential liabilities associated with the actions being taken.