Accession Number : ADA328649

Title :   Why Common Law Tort Recovery is Inadequate to Compensate Victims of Toxic Exposure.

Descriptive Note : Master's thesis,

Corporate Author : AIR FORCE INST OF TECH WRIGHT-PATTERSON AFB OH

Personal Author(s) : Hatfield, Steve A.

PDF Url : ADA328649

Report Date : 30 SEP 1997

Pagination or Media Count : 118

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.

Descriptors :   *COMPENSATION, UNITED STATES GOVERNMENT, TOXICITY, THESES, CASUALTIES, WOUNDS AND INJURIES, EXPOSURE(PHYSIOLOGY), ENVIRONMENTAL PROTECTION, REGULATIONS, LEGISLATION, FEDERAL LAW, LITIGATION, STATE LAW.

Subject Categories : Sociology and Law
      Environmental Health and Safety

Distribution Statement : APPROVED FOR PUBLIC RELEASE