Dr. Charles L. Dunham

-2.-

MAY 13 1966

opportunity to ask questions. Assuming complete understanding and
no unequal bargaining factors (e.g. pressure on prisoners to submit),
such an agreement would protect against liability for unauthorized
invasion of the person.

The consent form may also contain language absolving the contractor
and the AKC from responsibility for injuries to a volunteer resulting
from the experiment. This would probably be binding on the volunteer
if no negligence occurs. Itis doubtful, however, thet the clause can be
so drawn as to be binding on the volunteer if negligence causes the
injury. Not only is the law uncertain on this point, but we cannot be

sure as to what law will apply.
(Developments in the field of conflicts
of law have been such that it is not clear whether the law of the State
of Washington would be applied in every case; for example, a volunteer
residing in some other state when his injury first becomes apparent might

contend thet thet other state has the most significant contacts with the

claim and that its law should be applied. )

Whether or not language absolving the contractor and the AEC from liability
- either with or without mentioning negligence ~- should be incorporated
in the consent form is a matter of policy. It may well be that the Conmission would prefer not to attempt to add any special provisions designed
to eliminate or minimize possible liability. In this regard, it should
be borne in mind that the consent agreement itself, without specially
added language, would probably be considered as tantamount to a discleimer

of liability for injuries resulting from the experiment properly carried

out - that is, where no negligence occurs.

We understand that the contractor has no special view with respect to the

obtainment of any special disclaimer agreements, and, aiso, that liability

insurance is available at a reasonable premium; presumably, the contractor
and RLOO are exploring the advisability of obtaining such insurance.
cc:

Chester G. Brinck, RLOO
Dr. Wm. T. Doran, Jr., OS

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