SAFETY Act Certification and Why It Matters to You
Active and passive barriers from Delta Scientific provide protection from high-speed vehicle attack. Because the protection they offer is so consistent, 16 of our products, including bollards, barricades, and crash gates, have received SAFETY Act Certification from the Department of Homeland Security. Essentially, this means that our products not only provide you physical security but legal protection as well.
What Is the SAFETY Act?
The Support Anti-terrorism by Fostering Effective Technology Act was passed as part of the Homeland Security Act in 2002. The SAFETY Act was created in response to the devastating terrorist attacks on Sept. 11, 2001. The concern was that manufacturers and sellers of anti-terrorism products and services would be reluctant to deploy technologies in civilian contexts for fear of being held liable for damages resulting from a terrorist attack. In other words, sellers feared that civilians injured in an attack would file lawsuits against them alleging that the anti-terrorism products did not provide adequate protection.
The SAFETY Act established different levels of liability protections. If anti-terrorism products or services meet the Act’s qualifications, the entire supply chain, from the sellers on down, enjoy limited liability.
What Are the Levels of Liability Protections?
There are three tiered levels of liability protections for anti-terrorism products and services under the SAFETY Act, each signified by a different color seal. A green seal denotes the Developmental Testing and Evaluation level. This is for products that are still being tested for effectiveness and consistency. Liability protections for these products only endure for up to three years and only apply to test events.
A blue seal identifies Designated Technologies under the SAFETY Act. These are products that have been proven effective through testing. They have yet to demonstrate repeatability, but confidence in it is high. SAFETY Act Designation provides the following protections to the defendant in a lawsuit:
- No punitive damages
- No prejudgment interest
- No liability for non-economic damages (e.g., pain and suffering)
A red seal indicates SAFETY Act Certification, the highest level of liability protection. These products have proven effective so consistently that confidence is high that the protection will endure. In addition to the benefits that Designation provides, SAFETY Act Certification means that anyone who deploys the technology can assert the Government Contractor Defense in case of a lawsuit. This legal principle presumes that the interest of the federal government supersedes state law, thereby preventing a plaintiff from filing a product liability suit over Qualified Anti-Terrorism Technology under the SAFETY Act.
How Does SAFETY Act Certification Help You?
The liability protections that Delta Scientific receives for selling SAFETY Act products extend to our customers as well. This means that if a terrorist attack does occur when you have our products deployed, you are protected from lawsuits filed by injured parties. In most cases, you cannot be held liable at all, and even if you could, there are caps on the amount of damages you would have to pay.
Though not part of the SAFETY Act, it is possible that with less risk of lawsuits, you may be able to lower your insurance premiums after purchasing and deploying one of our Certified products. However, you need to discuss this directly with your insurer.
Sources:
https://www.dhs.gov/sites/default/files/publications/5299_safety_act_factsheet_2020.pdf
https://www.dhs.gov/sites/default/files/publications/dhs_st_safety_act_information_postcard.pdf
https://www.dhs.gov/science-and-technology/safety-act
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