Andy Frain Services receives Certification by the Department of Homeland Security under SAFETY Act
Background: Following the horrific terrorist attacks of September 11, 2001, a number of lawsuits
were filed against airports, airplane manufacturers, security companies and government entities such as the Port Authority
of New York/New Jersey. A Federal judge permitted those lawsuits to proceed, stating that the use of an airplane as a
suicide weapon was potentially foreseeable. As a result, the potential liability costs for all providers and users of
anti-terror products and services have become virtually unlimited.
The Federal government, recognizing that such massive liability would crush the research, development and use of
anti-terror technologies, passed the "SAFETY Act" as part of the Homeland Security Act of 2002, Pub. L. 107-296.
According to the Department of Homeland Security (DHS), the aim of the SAFETY Act is to "encourage the development
and deployment of anti-terrorism technologies that will substantially enhance the protection of the nation."
(www.safetyact.gov)
SAFETY Act Basics: In short, the SAFETY Act essentially eliminates the massive liability that could arise out
of a terrorist attack
[1] for sellers whose anti-terror products
or services have been reviewed and approved by DHS.
The SAFETY Act provides the following tort protections to Sellers if SAFETY Act-approved technologies are involved
in an act of terrorism:
- Presumption of dismissal from such lawsuits
- Elimination of punitive damages claims
- Requirement that such lawsuits be filed exclusively in federal court
- Cap on liability damages in the amount specified in the SAFETY Act coverage decision.
Benefits to Andy Frain’s Customers: Andy Frain now has SAFETY Act coverage: These tort protections would extend not
only to Andy Frain Services, Inc.,
but also its customers, should another act of terrorism covered by the SAFETY Act
occur where the customer has purchased and deployed Andy Frain’s SAFETY Act-approved Security Services. Should a
covered act of terrorism occur and lawsuits are filed alleging that Andy Frain’s Security Services failed in some
way in connection with the act of terrorism, Andy Frain’s customers would have a substantial basis under the SAFETY Act
to seek immediate dismissal of such suits against it, and/or a substantial basis to argue that its liability should be
capped at a pre-determined amount.
Andy Frain’s SAFETY Act coverage, allows its customers using its services to know, that they have a substantial basis
to avoid and/or limit tort liability arising out of a covered act of terrorism involving Andy Frain’s Security Services.
[1] In order for the SAFETY Act to apply, the terrorist attack must be one that is "covered" by the Act.
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