District of Columbia § 8-1445 Defenses to liability.

District of Columbia Statutes

§ 8-1445 — Defenses to liability.

District of Columbia § 8-1445

Title 8Environmental and Animal Control and Protection.

Ch. 14Hazardous Materials Transportation.

Subch. IIIStrict Liability for Release of Hazardous Materials During Transport.

This text of District of Columbia § 8-1445 (Defenses to liability.) is published on Counsel Stack Legal Research, covering District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D.C. Code § 8-1445 (2026).

Text

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:

(1)An act of God;

(2)An act of War;

(3)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:

(A)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

(B)Took precautions again

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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:

(1) An act of God;

(2) An act of War;

(3) 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:

(A) 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

(B) 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

(4) Any combination of the foregoing paragraphs.