Defenses to liability.
There shall be no liability under § 8-1442 for a person otherwise liable who can establish by a preponderance of the evidence that the costs resulting from their acts or omissions were caused solely by: An act of God; An act of War; An act or omission of a third party other than an employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant, if the defendant establishes by a preponderance of the evidence that the defendant: Exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances; and Took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or Any combination of the foregoing paragraphs.
Annotations
Mar. 14, 2007, D.C. Law 16-262, § 305, 54 DCR 794 Mar. 25, 2009, D.C. Law 17-353, § 157(d), 56 DCR 1117 D.C. Law 17-353 validated a previously made technical correction. This section is referenced in § 8-1442.
Sourced from the DC Council Open Law Library (public domain).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.