From: | Kutak_R@ix.netcom.com |
Date: | Thu, 29 Jun 2000 17:24:00 -0700 (PDT) |
Reply: | cpeo-military |
Subject: | Re: [CPEO-MEF] Fences at UXO sites |
Dan has correctly stated the concept of attractive nuisance. The problem is that the Federal Tort Claims Act does not waive the sovereign immunity of the United States on a stricy liability theory. In other words, you have to prove negligence, among other things. Because the United States is not going to liable in tort for an ultrahazardous activity, it may actually be cheaper to do nothing, whereas the private sector would not take such a risk because of the financial exposure. > [from "Uyesugi, Daniel - AEPI" <DUyesugi@aepi.army.mil>] > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ You can find archived listserve messages on the CPEO website at http://www.cpeo.org/lists/index.html. If this email has been forwarded to you and you'd like to subscribe, please send a message to: cpeo-military-subscribe@igc.topica.com ___________________________________________________________ T O P I C A The Email You Want. http://www.topica.com/t/16 Newsletters, Tips and Discussions on Your Favorite Topics | |
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