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Full-Text Articles in Law
Increased Risk Of Disease From Hazardous Waste: A Proposal For Judicial Relief, Brent Carson
Increased Risk Of Disease From Hazardous Waste: A Proposal For Judicial Relief, Brent Carson
Washington Law Review
This Comment addresses the need to provide adequate and present remedies for individuals exposed to toxic wastes. Part I describes the prevailing "reasonable medical certainty" rule and shows how it unjustly prevents recovery by plaintiffs exposed to hazardous waste. Part II examines one method of avoiding the injustice of the "reasonable medical certainty" rule. The adoption of an "extent of the injury" rule would allow courts to recognize genetic or cellular damage as injury, and provide some hazardous waste victims with a remedy for their increased risk of disease. In Part III a better solution is proposed—accepting increased risk as …
Recognizing The Liability Of Social Hosts Who Knowingly Allow Intoxicated Guests To Drive: Limits To Socially Acceptable Behavior, Robert W. Gomulkiewicz
Recognizing The Liability Of Social Hosts Who Knowingly Allow Intoxicated Guests To Drive: Limits To Socially Acceptable Behavior, Robert W. Gomulkiewicz
Washington Law Review
Gradually, courts have joined these efforts to alleviate the harm caused by the intoxicated driver. A few courts have recognized an action in tort against those who contribute to drunken driving by serving intoxicating liquor. These courts have acted, in part, to relieve victims of the costs of drunken driving and to distribute the costs among those responsible for its occurrence. Washington courts should recognize the liability of a negligent social purveyor of alcoholic beverages. Courts need not be constrained from recognizing a common law cause of action because of competing social interests or legislative inaction. Washington courts should rule …
Washington Adopts Market Share Liability For Des Producers—Martin V. Abbott Laboratories, 102 Wn. 2d 581, 689 P.2d 368 (1984), Mark Reeve
Washington Law Review
In Martin v. Abbott Laboratories, the Washington Supreme Court adopted a narrow exception in DES cases to tort law's traditional requirement of causation. The court fashioned a liability-apportionment scheme based upon each defendant's contribution to the plaintiff's risk of harm: its "market share." The decision correctly refused to require joinder of a "substantial share" of the producers in the relevant market, and limited recovery to the percentage of the market actually joined. The court also decided to impose corporate successor liability on one drug manufacturer, drawing a dissent on the issue from three justices.