Preserving Justice: Defending Toxic Tort Litigation

An overview of toxic tort principles is followed by a survey of impediments to plaintiffs' recovery for injuries stemming from toxic torts, especially those torts for which identification of the cause of harm is difficult due to the latency period between exposure and manifestation of injury. Medical causation, statutes of limitations, transaction costs, and the effects of recent Supreme Court cases addressing the role of scientific evidence in the court are also considered. The issue of whether the toxic tort litigation system affords appropriate compensation to deserving plaintiffs and whether it deters defendants from further actions that may cause harm is addressed. No persuasive argument is found that toxic tort litigation should be limited, but proposals that could help resolve existing problems in the process and preserve its goals are appended.