Federal Laws Addressing Liability

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The Homeland Security Act of 2002

The Homeland Security Act of 2002, Pub. L. No. 107-296, extended to air security companies the same civil liability protections from terrorism-related lawsuits that were extended to the airline industry and others in the Air Transportation Safety and System Stabilization Act and the Aviation Transportation and Security Act. The Homeland Security Act also provided manufacturers, distributors and other suppliers of certain anti-terrorism products with civil liability protections, including exclusive federal jurisdiction over personal injury and property damage claims against product sellers arising out of an act of terrorism, limits on liability and punitive damages, "fair share" apportionment of noneconomic damages, and a rebuttable presumption that the government contractor defense applies to any claims against a covered defendant. The liability provisions apply whether a public or private entity purchased the products.