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The DC Code: § 8-1445 Defenses to liability.

Index8 Environmental and Animal Control and Protection (Refs & Annos)

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.

Historical and Statutory

Effect of Amendments D.C. Law 17-353 validated a previously made technical correction. Legislative History of Laws For Law 16-262, see notes following § 8-1441. For Law 17-353, see notes following § 8-635.01. DC CODE § 8-1445 Current through December 11, 2012


(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.)