Please use this identifier to cite or link to this item:
https://hdl.handle.net/1959.11/3172
Title: | Litigation for failure to warn of natural hazards and community resilience | Contributor(s): | Eburn, Michael E (author) | Publication Date: | 2008 | Handle Link: | https://hdl.handle.net/1959.11/3172 | 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: | The Australian Journal of Emergency Management, 23(2), p. 9-13 | Publisher: | Emergency Management Australia | Place of Publication: | Australia | ISSN: | 2204-2288 1324-1540 |
Fields of Research (FoR) 2008: | 180126 Tort Law 180123 Litigation, Adjudication and Dispute Resolution |
Socio-Economic Objective (SEO) 2008: | 940406 Legal Processes 940401 Civil Justice |
Peer Reviewed: | Yes | HERDC Category Description: | C1 Refereed Article in a Scholarly Journal | Publisher/associated links: | http://www.em.gov.au/Documents/13821%20WEMA%20Eburn.PDF |
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Appears in Collections: | Journal Article |
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