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University of Maryland Francis King Carey School of Law

Torts

Asbestos

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Full-Text Articles in Law

Take-Home Toxin: Following Kesner’S Lead And Creating A Consistent Framework For Determining Duty Toward Victims Of Secondary Asbestos Exposure, Brendan Kelly Jun 2018

Take-Home Toxin: Following Kesner’S Lead And Creating A Consistent Framework For Determining Duty Toward Victims Of Secondary Asbestos Exposure, Brendan Kelly

Maryland Law Review

No abstract provided.


The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford Jan 2005

The Peculiar Challenges Posed By Latent Diseases Resulting From Mass Products, Donald G. Gifford

Faculty Scholarship

Legal actions against manufacturers of products that cause latent diseases, such as asbestos products, cigarettes, lead-pigment, and Agent Orange, are the signature torts of our time. Yet within this rather important subset of tort liability, it is unlikely that the imposition of liability actually results in loss prevention. Three factors, present in varying combinations in the context of latent diseases resulting from product exposure, frustrate the deterrent impact of liability. First, an extended period of time—sometimes decades—passes between the time of the manufacturer’s distribution of the product and the imposition of liability. Second, the accident compensation system frequently is unable …