The Homeland Security Act of 2002, P.L. 107-296 , contains the following provisions that limit tort liability, and this report examines each of them. Section 304 immunizes manufacturers and administrators of smallpox vaccines from tort liability. Sections 863 and 864 limit the tort liability of sellers of anti-terrorism technologies. Section 1201 limits the tort liability of air carriers for acts of terrorism committed on or to an air carrier. Section 1402 immunizes air carriers from liability arising out of a Federal flight deck officer's use or failure to use a firearm, and immunizes Federal flight deck officers from liability, except for gross negligence or willful misconduct, for acts or omissions in defending the flight deck of an aircraft. Sections 1714-1717 limit the tort liability of manufacturers and administrators of the components and ingredients of various vaccines; these sections reportedly were designed to benefit pharmaceutical manufacturer Eli Lilly in suits against it concerning Thimerosal. Section 863 prohibits joint and several liability for noneconomic damages. Section 863 eliminates the collateral source rule. It limits their liability to the amount of liability insurance they had on that date. Section 890 limits the liability of such persons (i.e., air transportation security companies and their affiliates) only for claims "arising from the terrorist-related crashes of September 11, 2001," and it limits it to the "amount of liability insurance coverage maintained by that ... It provides that,
[f]or acts of terrorism committed on or to an air carrier during the 180-day period following the date of enactment of this Act, the Secretary of Transportation may certify that the air carrier was a victim of an act of terrorism and ... shall not be responsible for losses sufferedÂ by third parties (as referred to in section 205.5(b)(1) of title 14, Code of Federal Regulations) that exceed $100,000,000, in the aggregate, for all claims by such parties arising out of such act. If the Secretary so certifies, making the air carrier not liable for an amount that exceeds $100 million, then "the Government shall be responsible for any liability above such amount. Note: sections 1714-1717 were repealed by P.L. 108-7 (2003), Division L, Â§ 102 ; see the end of this report for details. A petitioner dissatisfied with his recovery under the Program may sue a vaccine manufacturer or administrator under state tort law, with some limitations.
The Homeland Security Act of 2002, P.L. 107-296 ( H.R. 5005 ), contains the following provisions that limit tort liability, and this report examines each of them.
Section 304 immunizes manufacturers and administrators of smallpox vaccines from tort liability. It makes the United States liable, but not strictly liable, as manufacturers and administrators would be under state law. Rather, the United States will be liable only for the negligence of vaccine manufacturers and administrators. Section 863 limits the tort liability of sellers of anti-terrorism technologies. It prohibits punitive damages, joint and several liability for noneconomic damages, and application of the collateral source rule; in addition, it permits the government contractor defense. Section 864 limits the tort liability of sellers of anti-terrorism technologies to the amount of liability insurance required by the Secretary of Homeland Security. Section 890 limits the tort liability of air transportation security companies and their affiliates for claims arising from the September 11, 2001 air crashes. It limits it to the amount of their liability insurance coverage on that date. Section 1201 limits the tort liability of air carriers for acts of terrorism committed on or to an air carrier. If the Secretary of Homeland Security certifies that an act of terrorism occurred, then air carriers shall not be liable for losses that exceed $100 million for all claims, but the government shall be liable for losses above that amount. Section 1402 immunizes air carriers from liability arising out of a Federal flight deck officer's use or failure to use a firearm, and immunizes Federal flight deck officers from liability, except for gross negligence or willful misconduct, for acts or omissions in defending the flight deck of an aircraft. Sections 1714-1717 limit the tort liability of manufacturers and administrators of the components and ingredients of various vaccines. They require victims to file a petition for limited no-fault recovery under the National Vaccine Injury Compensation Program before they may sue. These sections reportedly were designed to benefit pharmaceutical manufacturer Eli Lilly in suits against it concerning Thimerosal. Sections 1714-1717 were repealed by P.L. 108-7 (2003), Division L, Â§102.