Providing a Safe Harbor for Those Who Play by the Rules: The Case for a Stong Regulatory Compliance Defense
This article is a case study of the National Health Care (NHC) nursing home fire that broke out on September 25, 2003, in Nashville, Tennessee. The fire caused 16 deaths and a number of injuries from smoke inhalation. Thirty-two victims subsequently filed suit against the nursing home, alleging that NHC was negligent for failing to install sprinklers in its facility, even though sprinklers were not required by law and the facility was in compliance with all requirements of the fire code.
This case illustrates how good-faith compliance with applicable safety regulations provides businesses with almost no protection against potentially devastating tort liability.
The article was published in the 2008.1 issue of the Utah Law Review and appears here with permission from the Utah Law Review.
Click here to read the article.
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