YOUR FINANCIAL EXPOSURE IS VERY REAL &
THE CASE THAT PROVES IT IS CURRENT !

In October 2005, a six-member jury in New York State Supreme Court found that the Port Authority of NY NJ did not heed warnings that the World Trade Center underground garage was vulnerable to a terrorist attack and should be closed to public parking.  The jury found that the agency had not properly protected its underground public parking garage, where terrorists blew up a rental van loaded with explosives on Feb. 26, 1993. The Manhattan jury said that this failure was "a substantial factor" in allowing the bombing to occur. The bombing killed six people and injured 1,000.  A motion to dismiss based on sovereign immunity was also denied by the court.

On April 29, 2008, the appeal process denied all the Port Authority's post-trial motions, leaving the 2005 verdict intact.  A five-judge panel of the state Supreme Court unanimously agreed with a lower court judge who also refused to set aside the jury's verdict that the Port Authority of New York and New Jersey was negligent and more than 50 percent liable.  

The 2005 jury apportioned more than half the blame to the Port Authority (68%)  The terrorists were apportioned only 32% of the total liability.  The appeals court said what the jury decided was that "the acts of these terrorists, even while obviously odious in the extreme, were not a cause for the easy absolution of this defendant from its civil obligations."

Under New York State law, once a defendant is more than 50 percent at fault, he/she/it can be held fully financially liable.  The Port Authority will have to pay for all of the hundreds of millions in third party claims.

Unlike the majority of the financial risks organizations
face today, liability for a terrorist act — even partial liability
— can threaten the entire enterprise.

In addition to the horrific personal tragedies, more than $35 billion in insured losses, and incalculable uninsured losses and overall economic impact, the 9/11 attacks brought a profound change in our awareness of terrorism risks.

As evidenced in the Port Authority case, it is now much more likely that juries will view terrorist acts as "reasonably foreseeable."  Victims will attempt to recover from any entity seen as potentially negligent in preventing or mitigating the attack. All your related security and anti-terrorism products, services, assessments, studies, analysis, equipment, engineering, technologies, manufacturing, research, development, testing, policies, protocol, decisions, procedures, facilities and infrastructure will be intensely scrutinized.  Whether you supply to others, use or do it yourself, the fact that a terrorist event actually took place at all must mean something did not work, was missing or was inadequate. Regardless, it would be very hard to convince a jury otherwise.

Without SAFETY Act protection, you will become a prime plaintiff  "deep pocket" and soft target. Their strategy will be to "plead around"  SAFETY Act by not naming a protected entity, product or service in the suit.

You may find yourself on the top of the "blame" list regardless of how minor your actual involvement may have been.

Our Core Services:

• Free Initial Consultation

• Help Reduce Your Costs

• Detailed SAFETY Act Applicability Evaluation

• Evaluate Your Exposures

• Review Your Overall Terrorism Financial Protection Strategies

• Provide Cost Effective Solutions

• Provide Reports as Requested

• SAFETY Act Application Support

• Provide Updates & DHS Feedback

• Negotiate with DHS, Lawyers, Brokers and/or Insurers as Needed

• Evaluate Existing Approvals for Issues & Conflicts

• Review Insurance Program for Conflicts, Compliance, Adequacy and Any Potential Savings

• Review Contracts & Agreements for Conflicts, Issues, Compliance and Modifications Needed

• Assist in Upgrading Existing SAFETY Act Approvals

• Help You Use SAFETY Act to Better Market Approved Products or Services

• Help Create an Overall SAFETY Act Strategy Plan for You, Your Customers, Suppliers or Subcontractors

• Provide Expert Consultation and Access to Key Business Partners as Needed

• Consult on Other Terrorism Related Financial Protection Strategies & Solutions 

 

Contact Us

By e-Mail

       INFO@SAFETYACTCONSULTANTS.com

Online by Web-form

Phone:  (847) 381-0410

US Toll-free:   (877) S--ACT--HELP 
                               (877-722-8435)

Fax: (847) 381-1015

Mailing Address:

SAFETY ACT CONSULTANTS
P.O. Box 4028
Barrington, IL 60011-4028

We look forward to assisting you in creating customized solutions critical to your organization and key in helping protect the public.

We will help you:

Protect Your Organization from enterprise threatening liability that will follow a terrorist event alleged to involve your organization's facilities or products in any way

Protect your bottom line from suits stemming from the use, manufacture, distribution, provision or deployment of anti-terrorism or terrorism response or mitigation related products, advice, aid, procedures, technologies or other services

Save Money on both new and existing insurance programs, the ongoing cost of risk as well as the overall SAFETY Act process

Increase Your Revenue by using SAFETY Act approval to help market your products, advice, facilities, technologies or services including cyber or network related

Thoroughly understand the SAFETY Act as well as the regulations that implement it

Thoroughly understand the SAFETY Act application process

Evaluate the Act's benefit to your organization, insurance,  products, suppliers, vendors and customers

Determine if SAFETY Act
protection can apply to a given product, facility, technology, procedure and/or service

Describe and review the Act with your risk management, legal, upper management, finance, engineering, and marketing groups as needed 

Evaluate the time demands, costs and difficulty of the application process for your unique exposures

Manage the entire application process through completion

Evaluate insurance programs for adequacy in coverage, limits, protecting your liability cap savings, insurer and SAFETY Act compliance

Evaluate contracts and other agreements for conflicts, issues adequacy as well as insurer and SAFETY Act compliance

Provide options for minimizing cost of insurance and risk while maximizing coverages

Arrange for outside experts as appropriate for your specific needs including experts in technical, legal, insurance and political affairs as well as physical and financial asset, business income and supply chain protection

Monitor the SAFETY Act status of your suppliers, vendors, subcontractors and customers

Negotiate with the DHS, insurance brokers, insurers and/or lawyers if potential problems, conflicts, limitations, potential savings or enhancement possibilities exist

Create a standardized process to coordinate and manage all SAFETY Act related activities for existing, planned or future exposures as well as third party approvals (i.e. your vendors)

Post approval support including any changes in your insurance, the insurance market, insurance costs; changes in your approved products or services; periodic review of compliance and other services you deem necessary

Advise on other terrorism related financial protection strategies including contractual protection review, FARs, Public Law 85-804, Government Contractor Defense - "Boyle", captive utilization and/or formation, conventional and non-conventional terrorism insurance coverages, TRIA applicability and access, etc.