This book surveys the laws that regulate emergency responses by the fire service, hazardous materials teams, emergency medical services, law enforcement agents, and volunteer groups; relevant case law is also examined. The first section of the book addresses emergency response law, including case law. The topics addressed are the duty to act in crisis situations and who must act; training accidents; vehicle issues (hot pursuit and vehicle accidents); dispatch issues (delayed dispatch and dispatch standards); emergency medical services; managing a response; hazardous materials incidents; using volunteer resources; recovery by responders (rescue); and lessons learned for emergency responders from September 11. The second section of the book focuses on emergency management law. A chapter on the powers of State governors compares gubernatorial powers in emergency management in various States; and a chapter on State and local responsibilities examines responsibilities and potential liabilities for emergency planning by States and local units of government. The chapter on Federal emergency management looks at the Federal structure for emergency mitigation, preparedness, response, and recovery. The attorney's role in emergency management, the topic of another chapter, discusses the role of the proactive attorney in all aspects of emergency management, including mitigation, preparedness, response, and recovery. Other chapters in this section address potential negligence liability in emergency management and lessons learned for emergency management from September 11. In its conclusion chapter, the book notes that one key theme in this discussion is the lack of preparedness for legal hazards of the vast majority of emergency response organizations. All too often, legal counsel is consulted only after an injured party files a lawsuit. This book is a starting point for attorneys and policymakers who want to have a part in safeguarding emergency response and emergency management from legal liability.
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