Products liability issues in school asbestos litigation
The hazards posed by deteriorating friable asbestos in the nation's schools are causing serious concerns for public health officials, school boards, parents and school employees. Reports by both the Environmental Protection Agency and the U.S. Attorney General's Office agree that both school children and school employees stand a substantially increased risk of contracting some form of asbestos-related disease as a result of exposure to deteriorating asbestos materials in school buildings. School systems plagued by the asbestos hazards are now filing suits against asbestos manufacturers alleging causes of action in breach of warranty, negligence and strict products liability in tort. Some plaintiffs in school asbestos litigation seek to recover the costs of EPA-mandated asbestos inspection and abatement programs which have already been completed. Still others request injunctions to compel the manufacturers themselves to conduct inspections and finance abatement. This Note examines the school asbestos situation from a legal perspective and focuses primarily on whether the schools claims should be considered as economic losses or as property damage. It examines the impact of statutes of limitations on these cases under both contract and tort theories. The Note argues that school asbestos claims should be decided under a strict products liability standard.104 references.
- OSTI ID:
- 5844791
- Journal Information:
- Am. J. Law Med.; (United States), Journal Name: Am. J. Law Med.; (United States) Vol. 4; ISSN AJLMD
- Country of Publication:
- United States
- Language:
- English
Similar Records
S. 1893: Asbestos School Hazard Abatement Reauthorization Act of 1989. Introduced in the Senate of the United States, One Hundredth First Congress, Second Session, November 16, 1989
Asbestos and the insurer as lender, employer, and property owner
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63 RADIATION, THERMAL, AND OTHER ENVIRON. POLLUTANT EFFECTS ON LIVING ORGS. AND BIOL. MAT.
ASBESTOS
BUILDINGS
EDUCATIONAL FACILITIES
HAZARDS
HEALTH HAZARDS
LAWSUITS
LEGAL ASPECTS
LEGISLATION
LIABILITIES
SCHOOL BUILDINGS
VICTIMS COMPENSATION