Legal Responsibilities of Dam Owners, Operators, and Regulators

Although major dams are not designed or intended to fail, the unexpected occurs with tragic consequences.  In the unlikely event of such a tragedy, the legal system provides remedies to compensate the victims and their families for their losses. While each state is a separate jurisdiction free to adopt its own legal rules, regulations and theories of relief, they will generally utilize the common-law theories of negligence and strict liability in awarding relief.

Potential damages include the traditional common law compensatory awards for loss of life/wrongful death, personal injury, loss of earnings, medical expenses, emotional distress, property damages, and environmental damages.  The additional risk of punitive damages exists if defendant’s wrongful conduct is viewed as intentional, egregious, willful, wanton or reckless.

Responsibilities today include requirements of emergency action and business continuity planning in light of legislative, regulatory and professional standards.