Strict liability and sick building syndrome: Defining a building as a product under restatement (second) of torts, section 402A

Journal Article · Sun Dec 31 04:00:00 EST 1995 · Journal of Natural Resources amp Environmental Law

OSTI ID:458692

Reisman, D ^[1]

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1. Greenbaum Doll & McDonald, Lexington, KY (United States)

Over the past twenty years, both scientists and the general public have learned more about environmental risks. As the dangers to land, rivers and oceans have become painfully obvious, the concern over public health and safety has grown. Efforts to conserve energy and insulate ourselves against an increasingly polluted world have created an entirely new type of environmental concern: indoor air pollution. One category of indoor air pollution is {open_quotes}sick building syndrome{close_quotes} (SBS). SBS has proven dangerous to public health, and vigorous litigation has developed in this area involving a variety of creative legal theories. One such theory is that of strict products liability. The cornerstone of this argument is that a {open_quotes}sick building{close_quotes} should be defined as a product. This article will begin with a brief overview of sick building syndrome. Next, the ramifications of this syndrome are addressed. Finally, it will place the strict liability argument in the context of present litigation and define the future development of this area of the law.

• OSTI ID: 458692
• Journal Information: Journal of Natural Resources amp Environmental Law, Journal Name: Journal of Natural Resources amp Environmental Law Journal Issue: 1 Vol. 10; ISSN XZ489S
• Country of Publication: United States
• Language: English

Related Subjects

32 ENERGY CONSERVATION, CONSUMPTION, AND UTILIZATION
54 ENVIRONMENTAL SCIENCES
AIR POLLUTION MONITORING
BUILDINGS
HEALTH HAZARDS
INDOOR AIR POLLUTION
LEGAL ASPECTS
PUBLIC HEALTH