Managing hazards: the Bhopalization of U. S. tort law
A rapid growth in the application of US tort law to resolve disputes over responsibility for damages resulting from risky technologies in lawsuits claiming damage from asbestos, Agent Orange, interuterine devices, etc. has led to lawsuits which often involve hundreds of defendants and thousands of plaintiffs. The new system features class action suits focused on public rather than on the familiar private risks. The author argues that the new tort system is costly, capricious, and often compensates the litigating lawyers more effectively than the injured plaintiffs. He proposes that the management of public risks should be removed from the courts and returned to experts at the regulatory agencies. Improved administrative compensation systems, modeled on workers' compensation programs, should be used to provide prompt, fair justice for victims of hazardous technologies.
- OSTI ID:
- 5051389
- Journal Information:
- Issues Sci. Technol.; (United States), Journal Name: Issues Sci. Technol.; (United States) Vol. 2:1; ISSN ISTEE
- Country of Publication:
- United States
- Language:
- English
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