Legal Liability for Dam Failures

Abstract

Although major dams are not designed or intended to fail, the unexpected may occur with tragic consequences. In the unlikely event of such a tragedy, the legal system has a full panoply of remedies available to compensate the victims and their families for the losses incurred. While each state is a separate jurisdiction free to adopt its own legal rules, regulations and theories of relief, the states will generally utilize the common-law theories of negligence and strict liability in awarding relief. Many steps can be taken to minimize the risks of failure.Potential damages include the traditional common law compensatory awards for loss of life/wrongful death, personal injury, loss of earnings, medical expenses, emotional distress, and property damages. There is also an additional risk of punitive damages being awarded if defendant's wrongful conduct is viewed as intentional, egregious, willful, wanton or reckless.