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It's About Time: The Long Overdue Demise Of Statutes Of Repose In Latent Toxic Tort Litigation, Jean M. Eggen
It's About Time: The Long Overdue Demise Of Statutes Of Repose In Latent Toxic Tort Litigation, Jean M. Eggen
Jean M. Eggen
Latent toxic illness typically does not become manifest until months, years, or decades after a person’s exposure to a toxic substance. The timing, extent, and characteristics of its physical manifestation are unpredictable and vary among individuals. Similarly, property damages associated with environmental contamination may not be detected for years, and the diseases caused by the contamination could take even longer to manifest. Accordingly, toxic harms present unique challenges for plaintiffs confronted with time limitations on their actions. Statutes of repose operate in conjunction with statutes of limitations to provide defendants with maximum protection from stale claims. Unlike statutes of limitations, …