Section II - Appendix B - Liability Issues

Question 1

The IC needs to be aware of his protection, or lack there of, under state and federal laws and regulations with reference to ___________.

Answer 1

liability

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Question 2

Three essential elements limit liability under the law:

1. The organizations hazardous materials __________ _______. The organization must establish procedures for responding to hazardous materials incidents.
2. The organizations __________ __________ ________. Experience has shown that an IC working within defined plans, guides, and procedures has experienced less litigation than those working outside of, or without, the plans, guides, or procedures.
3. Accurate ______ ____________ and ____________. The IC needs to use quantitative data to ensure appropriate, justifiable decision-making.

Answer 2

1. response plan
2. standard operational guides
3. data collection and processing

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Question 3

Government Immunity:
To varying degrees, over the recent years there has been an erosion of the __________ immunity. Due to this erosion, political subdivisions, including fire and medical services, have experienced increased ___________.

Answer 3

sovereign / litigation

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Question 4

Hazardous materials emergency response has created an open door of opportunity for ______ law. Simply stated, a ______ is an act that harms another.

Answer 4

tort / tort

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Question 5

The most common type of tort law case that arises from a hazardous materials response is ____________ based on improper performance of duties.

Answer 5

negligence

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Question 6

The liability of the employee is passed on to the governmental units (as employer) under the theory of __________ liability, as long as the employee is working within the employers emergency response plan and standard operating guidelines.

Answer 6

vicarious

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Question 7

The _____________ ______ may avoid liability from an employees actions by contending that the employee acted outside the scope of his duties as defined in the emergency response plan and standard operating guides, acted with malice or acted outside the scope of his duties.

Answer 7

governmental unit

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Question 8

• __________ ____________ - __________ or ________ misconduct is that which takes on the aspect of highly unreasonable actions. It must be more than thoughtlessness or in attention.

Answer 8

• Willful Misconduct

Willful or wanton

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Question 9

• ______________ - Is the failure to use such care as a reasonably prudent and careful person would use under similar circumstances.
• would do, or the doing of something that a reasonable and prudent man would not do.

Answer 9

• Negligence

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Question 10

• _______________ - Evil doing, ill conduct. The commission of some acts which is positively unlawful;
• any wrongful conduct that affects, interrupts, or interferes with the performance of official duties.

Answer 10

• Malfeasance

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Question 11

• _______ _____________ - The intentional failure to perform a manifest duty in reckless disregard of the consequences affecting the life or property of another.
• conscious and voluntary act or omission

Answer 11

Gross Negligence

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Question 12

• _______________ ____________ - The act or omission amounting to want of ordinary care on part of complaining party, which, concurring with defendants negligence, is proximate cause of injury.

Answer 12

• Contributory Negligence

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Question 13

• ______ __________ - A private or civil wrong or injury, other than breach of contract, for which the court will provide a remedy in the form of an action for damages.

Answer 13

• Tort Liability

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Question 14

Statues granting immunity from personal liability for acts performed under state laws and intended to create qualified immunity provided for those it protects. These statutes extend protection only to ordinary __________ acts and not to protect against _______ negligence or ____________ acts.

Answer 14

negligent / gross / intentional

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