ay 3 i969

THE LIBRARY OF CONGRESS

WASHINGTON, D. C. 20540

 

LEGISLATIVE REFERENCE SERVICE

December 1, 1969

To: Honorable Abraham A, Ribicoff
From: American Law Division
Subject: Liability for Damages Incidental to Transportation

of Hazardous Materials,

In response to your request on behalf of a constituent,
Joshua Lederberg, for information on the above subject, enclosed
herewith is a copy of 31 Am. Jur, 2d, Explosions and Explosives,

§§ 86-91, which will inform the constituent as to the present
state of the law on carrier civil liability for explosions,

It should be noted that the United States might also be
liable for damages in cértain instances incurred because of trans-
portation of hazardous materials, For waiver of sovereign immunity,
see the Tort Claims Act, particularly 28 U.S.C. § 2674. Of course,
it would seem that mere ownership of such materials by the United
Sates would not make it liable for injuries in the absence of fault,
regardless of the dangerous nature of the materials, Medlin v. United
States, 244 F, Supp. 403, 406 (W.D.S.C. 1965),

For the constituent's further information on the subject

of transportation of hazardous materials, also enclosed is a copy
LRS-2

of recent hearings held thereon by a subcommittee of the House

Committee on Government Operations (September 19, 1969).

Dru i: bln

Daniel Hill Zafren
Legislative Attorney
Ext, 8174