Statutory reform of "toxic torts": Relieving legal, scientific, and economic burdens on the chemical victim

Abstract

The need for reform in the law governing harm caused by toxic substances, or toxic torts, is analyzed. Both existing regulatory programs and private liability actions have been ineffective in controlling the costs of producing, distributing, and disposing of hazardous chemicals. The author suggests some general and specific principles for reform, which are also incorporated in a Model Statute drafted for adoption by the states, but which could easily be modified for federal enactment. It focuses on chronic diseases caused by hazardous chemicals, although it addresses certain other pollution costs as well. Both occupational and non-occupational injuries are covered by the Statute. Suggestions for reform incorporated in the Model Statute include: (1) a non-restrictive statute of limitations for toxic-injury claims; (2) expansive evidentiary rules; (3) incentives for disclosing information about chemical hazards; (4) modified principles of causation; (5) establishment of a hazardous substances victims' compensation fund, financed by industry and government; and (6) no-fault compensation. 462 references.

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