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Strategic And Scientific Considerations In Toxic Tort Defense, Richard O. Faulk
Strategic And Scientific Considerations In Toxic Tort Defense, Richard O. Faulk
Richard Faulk
The past decade has seen a dramatic increase in suits for injuries resulting from exposure to toxic substances. Since these suits commonly involve multiple defendants, highly technical scientific testimony, unusual legal theories, and many years of alleged exposure, they present a novel form of complex litigation and pose sophisticated problems in many phases of trial preparation. As toxic tort litigation continues to proliferate, an increasing number of practitioners will face the prospect of defending these actions. This article centers on pretrial considerations, and is intended as an orientation for the practitioner who must defend toxic tort cases without substantial experience …
Products Liability And The Chemical Manufacturer: Limitations On The Duty To Warn, Richard O. Faulk
Products Liability And The Chemical Manufacturer: Limitations On The Duty To Warn, Richard O. Faulk
Richard Faulk
In the last decade, the principles of strict liability have been expanded to encompass virtually every type of injury caused by a manufacturer's product. Indeed, at least one state has effectively imposed absolute liability, under which a manufacturer is liable for all harm caused by its product, regardless of whether the injury was foreseeable at the time of manufacture. When the product is an identifiable object, such as an automobile or a household tool, conduct-related defenses, such as misuse, voluntary assumption of the risk, and contributory negligence, may apply. In the case of industrial chemicals, however, additional considerations are important. …