Legal aspects liability

All legal aspects of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 are covered in this book. Topics include the Bability framework, prerequisites to suit civil procedure, settlements, and the roles of the EPA, Justice Department, and the courts. 

Dewees, D. (1992h) Tort law and the deterrence of environmental pollution. In Innovation in Environmental Policy, Economic and Legal Aspects of Recent Developments in Environmental Enforcement and Liability, ed.T. H.Tietenberg, pp. 139-64. Eiger, Brookfield. 

Consideration of the legal aspects concerning liability for the accident. 

The legal aspects of medical device safety have become an important issue. Three commonly used theories to make manufacturers liable for injury caused by their product are shown in Figure 9.1 [3,13]. These are breach of warranty, negligence, and strict liability. Breach of warranty may be alleged under three scenarios breach of an expressed warranty, breach of the implied warranty of merchantability, and breach of the implied warranty of suitability for a specific case. For example, if a medical device causes an injury to a person because of its failure to operate as warranted, the device manufacturer faces liability under the expressed warranty scenario. 

Lawyers will argue the legal aspects of the case for some time. Insurers of the flight have earmarked funds to cover flieir liability. Some blame the parent airline, Lufthansa, for not implementing a two-person occupancy at all times rule for cockpits. 

ISBN 0-87179-720-8,800 pages, 118 This book covers the basic federal statutes regulating hazardous waste, and includes information on enforcement private actions In protecting public interest environmental torts. International aspects of hazardous waste liability, and other topics. The book provides hundreds of cases to Illustrate information regarding legal issues. 

Legal Liabilities and Insurance Aspects of Contaminated Land... 

The litigated cases which are discussed in the next section have been selected to illustrate particular aspects of the manufacturer s duty to warn and how that particular aspect was treated in the reported case. The manufacturer should note, however, that nearly all product liability cases involve a basic pattern of analysis. In order for the manufacturer to have been found liable there must have been, in fact, a duty to warn, a breach of that duty, and (except in Sindell) a causal relationship established between the manufacturer s breach and the plaintiffs iiyury. In conducting this analysis, regardless of the legal theory being employed, the courts will consider ... 

In addition, ex post social control in the form of various liability laws provide an independent basis for shaping industrial safety performance by posing the threat of liability when, for example, a company s behavior fails to meet a reqnisite standard of care and causes harm, or incurs harmful results which may lead to strict or nofault liability under a prevailing legal doctrine. Although actual liability in either case necessarily requires the occurrence of harm and proof of causation, the threat of such liability may be sufhcient to deter a company and others in its industrial sector from negligent or inferior performance of safety management functions, or cause them to reduce or eliminate hazardous aspects of their activities. ... 

The interest evaluation between benefits and hazards in the narrower sense should be distinguished from the guarantee obligation of the state which is fulfilled by rules of law. This means that the responsibility of the state with respect to protection of important legal rights, such as life and health, is comprehensive and indivisible. There are additional aspects, for example, humaneness in the work place. Interest evaluation would not be sufficiently precise to outline the function of rules of law since the need for the three-pronged safety legislation, the conjunction of liability, sanction, and hazard protection, would not be stressed with sufficient clarity. 

Another significant aspect of the human factors equation which should not be overlooked centers around the issue of product liability, especially in the commercial world of sales and service. The concept of strict liability has been the basis for numerous legal judgments during the past few decades. This philosophy implies that... 

A key requirement is for firms (at all levels in the production chain) to undertake, as a first step, a life cycle analysis of their products, and to monitor the behaviour of their suppliers and customers. This may well occur in conjunction with an internal environmental review or audit, which will prompt the firm to scrutinise closely all aspects of its operations. There are a range of complex issues concerning the identification and measurement of environmental costs and benefits, and the impact of environmental factors on the valuation of company liabilities and productive assets, which are only now being fiiUy addressed by new environmental accounting techniques. Part of the problem is that there is no legal requirement for companies to disclose environmental expenditures separately, or to report publicly on their environmental policy and performance, although this is likely to change in the future. 

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