9 / 24
Living with Dams: Extreme Rainfall Events | 2015
| 7
To avoid negligence a dam owner must
1) determine whether or not the dam is safe and
does not present a danger to downstream persons
and property and 2) eliminate unsafe conditions.
Negligence
Failure to take the care that a
responsible person usually takes
Gross Negligence
Carelessness which is in reckless
disregard for the safety or lives of
others, and is so great it appears to
be a conscious violation of other
people’s rights to safety.
Reasonable Care
The degree of caution and
attention to possible dangers that
an ordinarily prudent and rational
person would use in similar
circumstances
This
standard of duty
expected
of a dam owner is one where
the dam owner is to act as a
reasonable man would act
understanding the dangers/
threats associated with owning
a dam and the impoundment
of water. It is proportional to the
downstream hazards involved
– the potential consequences
should the dam fail!
In generalized legal terms,
negligence could be assigned to
the dam owner for violation of a
‘duty to act as a reasonable and
prudent person’
would act.
When policymakers
lower regulatory
standards they increase
the probability of failure.
Failures are uncommon,
but when they occur the
consequences can be
devastating.
Can an extreme rainfall event cause a dam failure?
What are the consequences of a dam failure, and who is
responsible?
How would a dam failure affect the local community?
What steps can a local community and policy makers take
to reduce the risks to life and property associated with
extreme rainfall events and dams?
Ask Yourself This: