Toxic Tort: Chemical Toxicants Perspective

23 Pages Posted: 25 Jan 2012

See all articles by Nishidh Patel

Nishidh Patel

Indian Institute of Technology (IIT), Kharagpur - Rajiv Gandhi School of Intellectual Property Law (RGSOIPL); National Academy of Legal Studies and Research (NALSAR) University

Date Written: January 24, 2012

Abstract

Toxic torts arise in several contexts. People are typically exposed to toxic chemicals from pharmaceuticals, from consumer products, from the environment, in the home, and at work. Most toxic tort cases have arisen either from exposure to pharmaceutical drugs or occupational exposures. Courts are increasingly faced with the need to resolve claims by individuals that they have been injured by chemical exposures or that they have been put at sufficient risk by such exposures that their health status must be monitored to ensure the earliest possible detection of developing injuries or diseases. The ultimate challenge for the professional industrial hygienist is, and always has been, how to prevent occupational diseases. This article aimed to address several facets of toxic tort including basics of toxic tort, opportunities & challenges in toxic tort litigation and toxicogenomic aspects.

Keywords: Toxic, Tort, Chemical, Toxicants, Perspective, M.C. Mehta, Union of India, Rylands, Fletcher, toxicogenomics, tortious, liability, litigation, epidemiologic, Lohrmann

Suggested Citation

Patel, Nishidh, Toxic Tort: Chemical Toxicants Perspective (January 24, 2012). Available at SSRN: https://ssrn.com/abstract=1991312 or http://dx.doi.org/10.2139/ssrn.1991312

Nishidh Patel (Contact Author)

Indian Institute of Technology (IIT), Kharagpur - Rajiv Gandhi School of Intellectual Property Law (RGSOIPL) ( email )

IIT Kharagpur
West Bengal
Kharagpur, West Bengal 721302
India

National Academy of Legal Studies and Research (NALSAR) University ( email )

3-4-761, Barkatpura
Shameerpet
Hyderabad, Andhra Pradesh 500027
India

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