Speciality Insurance Blog points out that
liability waivers, while increasingly popular, may not protect
governmental entities from gross negligence claims.
That doesn’t stop governmental entities from using them
even in the grossest cases:
Sec. 5. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that, because of the ability to transfer
funds or other assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render these measures
ineffectual. I therefore determine that for these measures to be effective
in addressing the national emergency declared in Executive Order 13303
and expanded in Executive Order 13315, there need be no prior notice of
a listing or determination made pursuant to section 1(a) of this order.
Sec. 8. This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person.
Executive Order: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq ,
by George W. Bush,
The White House,
17 July 2007
You’ve got to admire the chutzpah of promulgating a blatantly unconstitutional
directive (see Fourth Amendment) and ending it with a liability waiver.
And there’s always
suppressing the evidence, as in FEMA trailers outgassing formaldehyde.
Risk management includes watching what’s going on.