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Products liability issues in school asbestos litigation.

M Zelen

    American Journal of Law & Medicine
    |January 1, 1985
    PubMed
    Summary
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    Deteriorating asbestos in schools poses significant health risks to students and staff. This legal analysis argues for strict product liability to address school asbestos claims, focusing on property damage rather than economic loss.

    Area of Science:

    • Environmental Health
    • Public Health Law
    • Toxic Tort Litigation

    Background:

    • Deteriorating friable asbestos in schools presents serious public health concerns for students, staff, and parents.
    • Environmental Protection Agency (EPA) and U.S. Attorney General reports indicate increased risk of asbestos-related diseases due to school building exposure.
    • School systems are pursuing legal action against asbestos manufacturers, citing breach of warranty, negligence, and strict product liability.

    Purpose of the Study:

    • To examine the legal ramifications of asbestos hazards in educational institutions.
    • To determine whether school asbestos claims constitute economic losses or property damage.
    • To analyze the impact of statutes of limitations on contract and tort claims related to school asbestos.

    Main Methods:

    Related Experiment Videos

    • Legal analysis of existing case law and statutes concerning asbestos litigation.
    • Examination of contract and tort theories applicable to school asbestos claims.
    • Focus on the classification of school asbestos claims as either economic losses or property damage.

    Main Results:

    • Litigation seeks recovery for EPA-mandated inspection and abatement costs, or injunctions compelling manufacturer-funded remediation.
    • The study analyzes the application of statutes of limitations under different legal theories.
    • The core argument centers on the classification of asbestos-related school claims.

    Conclusions:

    • School asbestos claims should be evaluated under a strict product liability standard.
    • This legal framework is argued to be more appropriate for addressing the property damage and health risks associated with asbestos in schools.
    • The analysis supports a specific legal approach to ensure accountability for asbestos manufacturers and protection for educational environments.