Abstract - The Information Society 3 (4)

State and Local Government Liability for Failing to Use Reasonably Available Information Technology in Emergency Management

Alexander M Hunter

Management of emergencies is an activity that could result in potentially large liability judgments against public officials, but there is a question about whether state and local governments can be held liable for not using computer-based data and information to plan for and deal with emergencies. While government tort liability differs by state, examination of the current law shows some common distinctions used to determine which functions are subject to liability. Analysis indicates that government agents can be held liable for failure to use available information in emergency management in states where the emergency management activity is subject to liability. The trend away from immunity is an incentive for all governments to use available information and technology, since the failure to do may well be considered negligence.

View Full Text | Subscribe Online


Back | TIS Home