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Title: Litigation for failure to warn of natural hazards and community resilience
Contributor(s): Eburn, Michael E (author)
Publication Date: 2008
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Abstract: Kumar and Srivastava, in their book, 'Tsunami and Disaster Management: Law and Governance', argue that governments should be strictly liable for failure to warn of impending disasters. In this paper Eburn looks at that argument in the context of Australian law and finds that bringing a legal action for failure to warn may be easier than suing responders, but such an action would still face considerable legal hurdles and may pose a threat to long term community resilience. The paper is particularly timely given the current litigation arising from the 2003 Canberra bushfires and the alleged failure of ACT emergency services to issue adequate and timely warnings.
Publication Type: Journal Article
Source of Publication: Australian Journal of Emergency Management, 23(2), p. 9-13
Publisher: Emergency Management Australia
Place of Publication: Mount Macedon, Australia
ISSN: 1324-1540
Field of Research (FOR): 180126 Tort Law
180123 Litigation, Adjudication and Dispute Resolution
Socio-Economic Outcome Codes: 940406 Legal Processes
940401 Civil Justice
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
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Appears in Collections:Journal Article

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