Toxic Torts

S. C. Gold, M. D. Green

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

This article addresses private legal claims in which the victim has suffered disease and claims that another's toxic agent caused that disease. The different types of legal claims that might be asserted when the toxic agent is a product, such as a pharmaceutical drug, or constitutes hazardous waste, such as PCBs that have leached out of discarded transformers, are cataloged and explained. The elements of these claims are detailed, as well as defenses that might eliminate or reduce liability. The special elements that make these 'toxic torts' distinctive from other kinds of torts that involve physical injury are detailed. The article contains special emphasis on scientific evidence, usually epidemiology or toxicology, that is brought to bear on the issue of causation, an element of all tort claims.

Original languageEnglish (US)
Title of host publicationEncyclopedia of Toxicology
Subtitle of host publicationThird Edition
PublisherElsevier
Pages770-790
Number of pages21
ISBN (Electronic)9780123864543
ISBN (Print)9780123864550
DOIs
StatePublished - Jan 1 2014

All Science Journal Classification (ASJC) codes

  • Medicine(all)

Keywords

  • Causation
  • Damages
  • Evidence
  • Expert witnesses
  • Law
  • Legal claims
  • Legal defenses
  • Liability
  • Medical monitoring
  • Negligence
  • Nuisance
  • Products liability
  • Proximate cause
  • Torts
  • Trespass

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