Why Common Law Tort Recovery is Inadequate to Compensate Victims of Toxic Exposure.
Abstract
This paper will examine the common law tort system in an environmental context. After describing the scope of the 'toxic exposure' problem and analyzing the relationship between tort law and environmental law, it will address the many reasons why tort recovery is an inadequate means of compensating persons who have been injured by toxic exposure. Although the common law has evolved, in many respects, to adapt to the challenges presented by environmental torts, significant shortcomings still exist. Next, various existing federal compensation schemes will be described. Finally, the Oil Pollution Act of 1990 will be examined. With this law Congress has taken a tentative first step toward establishing a federal cause of action and compensation scheme for persons injured by toxic exposure.
Document Details
- Document Type
- Technical Report
- Publication Date
- Sep 30, 1997
- Accession Number
- ADA328649
Entities
People
- Steve A. Hatfield
Organizations
- Air Force Institute of Technology