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SAFETY Act Certification

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ABM Security Services has received SAFETY Act certification from the U.S. Department of Homeland Security (DHS) for the company's security services. 

SAFETY Act certification provides liability protection for qualified anti-terrorism technologies deemed to be effective, reliable, and safe, after careful review by DHS.  Certified anti-terrorism technologies are identified on the Approved Product List for Homeland Security set forth on the DHS SAFETY Act website.

By selecting ABM as your security partner, clients and end-users of SAFETY Act certified anti-terrorism technologies are shielded from third-party claims concerning the technology, in the event of a terrorist attack.

SAFETY Act Background

Following the horrific terrorist attacks of September 11, 2001, a number of lawsuits were filed against airports, airplanes manufactures, security companies and government entities such as the Port Authority of New York/ New Jersey.  A Federal judge permitted those lawsuits to proceed, stating that the use of an airplane as a suicide weapon was potentially foreseeable.  As a result, the potential liability costs for all providers and users of anti-terror products and services have become virtually unlimited.

The Federal government, recognizing that such massive liability would crush the research development and use of anti-terror technologies, passed the “SAFETY Act” as part of the Homeland Security Act of 2002, Pub. L. 107-296.  According to the Department of Homeland Security (DHS), the aim of the SAFETY Act is to “encourage the development and deployment of anti-terrorism technologies that will enhance the protection of the nation.”  (www.safetyact.gov)

SAFETY Act Basics

In short, the SAFETY Act essentially eliminates the massive liability that could arise out of a terrorist attack for sellers whose anti-terror products or services have been reviewed and approved by DHS.  The SAFETY Act provides the following tort protections to Sellers if SAFETY Act-approved technologies are involved in an act of terrorism:

  • A presumption of dismissal of any tort suit filed against such seller of anti-terror technology should an act of terrorism occur.
  • A presumption of dismissal of any tort suit filed against customers who buy your SAFETY Act approved technologies should an act of terrorism occur (see below)
  • Lawsuits arising out of an act of terrorism can only be filed in federal court.
  • No punitive damages claims can be made against the seller of SAFETY Act approved technology.
  • Any liability of the seller is capped at the seller’s insurance limits.

SAFETY Act protection applies regardless of whether the approved anti-terror technology is sold to federal, state or local governments or commercial entities.

Benefits to ABM Security Services Inc. Clients

ABM Security Services Inc. received full SAFETY Act coverage on December 7, 2008.  The tort protections discussed above extend not only to ABM Security Services, but to also its clients, should another act of terrorism covered by the SAFETY Act occur where the client has purchased and deployed ABM Security Services and protective force operations.

Should a covered act of terrorism occur and lawsuits are filed alleging the ABM Security Services failed in some way in connection with the Act of Terrorism, its clients would have a substantial basis under the SAFETY Act to seek immediate dismissal of such suits against it, and/or a substantial basis to argue that its liability should be capped at a pre-determined amount.

Source: www.safetyact.gov