Document Type
Comment
Abstract
Recent decisions handed down in various circuits have created virtual chaos in predicting the liability and damage amounts of insidious disease claims. At least three substantially divergent theories have been adopted to impute liability to the manufacturers of the disease catalysts. Additionally, a new trust fund concept has been used on a limited basis to reconcile differences in court decisions. The trust fund approach is relatively flexible and simple to apply in apportioning damages for insidious disease claims. The author examines and analyzes these three liability theories. In conclusion, the adoption of the trust fund concept is recommended.
Recommended Citation
Susan Frankewich
Liability Cure-All for Insidious Disease Claims,
11 Pepp. L. Rev.
Iss. 1
(1983)
Available at:
https://digitalcommons.pepperdine.edu/plr/vol11/iss1/5
Included in
Health Law and Policy Commons, Insurance Law Commons, Legal Remedies Commons, Litigation Commons, Torts Commons
