摘要：Kumar and Srivastava, in their book, Tsunami and
Disaster Management: Law and Governance, argue
that governments should be strictly liable for failure
to warn of impending disasters. In this paper Eburn
looks at that argument in the context of Australian
law and finds that bringing a legal action for failure
to warn may be easier than suing responders,
but such an action would still face considerable
legal hurdles and may pose a threat to long term
community resilience. The paper is particularly
timely given the current litigation arising from the
2003 Canberra bushfires and the alleged failure
of ACT emergency services to issue adequate and
timely warnings.
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