Masonry Magazine August 2002 Page. 52
Leagle Advice
The most pressing need may well concern re-examination of building design as to structural integrity and survivability.
stances to provide greater safety, and thus, they are at least partially liable for the harm caused by a terrorist act. Third, the trend is toward a willingness by some courts and legislatures to shift the risk of loss to those who can pay and were in some position to take earlier steps to prevent or minimize the loss. Examples of this are found the area of products liability, where courts have shown greater willingness to hold manufacturers liable despite adequate product warnings. Courts impose liability there, in part, because the manufacturers profit from their sales and are considered to be in a better position to prevent injury through product design, as well as pay for injuries caused by the product.
In light of these factors, what should a prudent member of the construction industry do? First, heed the warnings of future terrorism. Although so many of the government's warnings are overly generalized, the fact remains that future attacks are deemed likely.
Second, the industry should consider increasing resource to assess risk and identify methods to eliminate or at least reduce risk and resulting damage. The most pressing need may well concern re-examination of building design as to structural integrity and survivability (eg. reinforcement of structural elements, window blast protection, fire suppression, building evacuation, ventilation safeguards and internal communication systems).
Third, document efforts made to examine security issues and to reasonably address safety in light of the threats posed by terrorism. Such documentation will aid in the defense against future liability lawsuits based on claims that the construction-industry defendant failed to undertake reasonable steps to reduce harm.
Fourth, scrutinize insurance coverage. Does your business maintain adequate insurance with sufficient policy limits? Do the policies contain exclusions (e.g. "war risk" and "terrorism") that could enable an insurer to deny coverage? Seek the guidance of insurance professionals or counsel to review the policy and determine the scope of coverage in light of potential future claims for damages related to terrorist acts.
Fourth, lobby for changes in existing law. In the wake of September 11, legislation passed to benefit the beleaguered airlines. Victim-compensation statutes have also been enacted to address some financial needs of victims and their families. Similar statutory protection may be sought for other segments of society affected either by increased liability or inability to obtain insurance. The latter may be particularly important as various insurers, with the reported support of many state insurance commissioners, may increasingly exclude policy coverage for damage caused by terrorism.
In short, the post-September 11 world will require some changes in the way in which everyone thinks about and deals with many issues. Prudence dictates that thought be devoted to whether safety can and should be improved.
Warren Lutz, Esq., is a Director with the Washington, D.C., law firm of Jackson & Campbell, P.C. He specializes in products liability, toxic torts and construction litigation. He may be reached at wlutz@jackscamp.com
50 Masonry
August 2002
www.masonryshowcase.com
THE "POST" SPEED LEAD
• Quick set up.
• Quick take down.
• Fewer parts.
• One bracket assembly.
• Ideal for all applications of brick veneering.
• Inside, outside, quion, and angled corners.
• Invented and patented by a bricklayer.
For information write or just call (800) 525-8287
Marv Post Enterprises Inc.
2858 Sibley Hills Drive
Eagan, MN 55121
WDP Consulting Engineers
Specialists in masonry, concrete, materials, design, and diagnosis of problems.
- Structural Engineering
- Materials Testing
- Repair & Restoration
- Litigation Support
- Product Evaluation
- Research
- Nondestructive Testing
- Laboratory Facilities
- Water Penetration Testing
- Failure Investigation
- Forensic Engineering
8832 Rixlew Lane
Manassas, Virginia 20109
Phone: (703) 257-9280
5555 N. Lamar Blvd., Suite K109
Austin, Texas 78751
Phone: (512) 467-8830
Internet: www.wdpa.com