1st Edition

Toxic Torts Deskbook

By M. Stuart Madden Copyright 1992

    Toxic Torts Deskbook is a concise, readable text covering the fastest-growing area of tort and personal injury litigation.Toxic tort suits involve claims arising from exposure to products ranging from pesticides to industrial solvents, manufacturing waste, and asbestos and present unique questions regarding causation, degree of hazard, and expert testimony.Written for environmental professionals as well as attorneys, Toxic Torts Deskbook describes the principal causes of suits for negligence, nuisance, trespass, warranty, strict tort liability, and liability for abnormally dangerous activities. For environmental, product, and workplace injuries from toxic exposure, the book discusses the elements a claimant must plead and prove, as well as defenses, statutes of limitations for long latency harms, and limited immunity for government contractors. "Citizen suits" that individuals may bring to vindicate rights granted by state or federal environmental statutes and insurance coverage issues, including the metes and bounds of the "pollution exclusion", are also covered.

    1. Introduction 2. Parties 3. Overview of Toxic Torts-The Theories Compared 4. Nuisance and Trespass 5. Negligence 6. Warranty 7. Strict Tort Liability 8. Liability for Abnormally Dangerous Activities 9. The Duty to Warn 10. Causation 11. Non-Expert Evidence in a Toxic Tort Case 12. Expert Evidence 13. Citizen Suits Under Federal or State Statutes 14. Defences 15. Limitations of Actions 16. Jurisdiction and Conflicts of Law 17. Contribution and Indemnity 18. Damages 19. Products by Class 20. Insurance


    Madden, M. Stuart