Report of the Commission on Government ... - Bayhdolecentral

Selected Issues <strong>of</strong> Liability
extraordinary nuclear occurrence must involve
an AEC contractor or subcontractor and must
occur "during <strong>the</strong> course <strong>of</strong> <strong>the</strong> contract activity."
Though <strong>the</strong>re is no provision for
automatic indemnification flowing directly
from <strong>the</strong> statute, a victim <strong>of</strong> a serious nuclear
occurrence is required to prove only that he or
his property has been damaged and that <strong>the</strong>
damage resulted from <strong>the</strong> occurrence. Price­
Anderson does not specifically establish <strong>the</strong>
basis <strong>of</strong> legal liability for nuclear incidentswhe<strong>the</strong>r
strict liability or o<strong>the</strong>rwise-nor does
it establish a Federal statute <strong>of</strong> limitations for
such incidents. Moreover, Price-Anderson does
not (1) automatically make waivers <strong>of</strong> defenses
applicable, (2) specifically direct <strong>the</strong>
AEC to require <strong>the</strong> waivers, (3) require an
assumption <strong>of</strong> liability by any person, (4)
provide for <strong>the</strong> exclusive liability <strong>of</strong> any person,
or (5) provide for <strong>the</strong> exclusive liability
<strong>of</strong> <strong>the</strong> facility operator.
LIABILITY FOR CATASTROPHES
OCCURRING ABROAD
There is less chance <strong>of</strong> calamitous accidents
arising out <strong>of</strong> U.S. Government programs
abroad than in this country. Still, if such a
cataclysm did occur in a foreign country, <strong>the</strong>
victim would have limited means <strong>of</strong> obtaining
redress.
The Government might authorize payments
which would afford relief if <strong>the</strong>y were prompt
and adequate, but <strong>the</strong>y might be so long in
coming to <strong>the</strong> victims that additional hardship
would result from <strong>the</strong> delay. If <strong>the</strong> victim were
to sue <strong>the</strong> manufacturer <strong>of</strong> a defective instrument
or component which allegedly caused <strong>the</strong>
accident, he could expect delays from protracted
litigation that would be uncertain as to
outcome. He would have <strong>the</strong> same obstacles to
his recovering as victims in <strong>the</strong> United States
now face.
A foreign victim could not sue <strong>the</strong> U.S.
Government in American courts because <strong>the</strong>
Federal Tort Claims Act" excepts "any claim
arising in a foreign country" when both <strong>the</strong>
conduct causing injury and <strong>the</strong> injury itself
occurred in a foreign country. Not so clear is
whe<strong>the</strong>r <strong>the</strong> act would cover cases involving
conduct in <strong>the</strong> United States causing injury
in a foreign country.
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