Forensic and Private Practice Issues

Abstract

The toxic tort is a recent legal phenomenon. Borel v. Fibreboard, 1973 established liability for an insulation worker who was employed for 33 years installing asbestos-containing insulation. The worker developed asbestosis and malignant mesothelioma as a result of exposure. A jury agreed that the asbestos manufacturers were negligent and strictly liable for failing to warn workers of risks in handling asbestos. On appeal the Fifth Circuit ruled that the manufacturer of a product is assumed to possess expert knowledge about that product and is therefore responsible for a duty to warn of relevant dangers. The case has obvious relevance for individuals exposed to neurotoxic materials in the workplace where working conditions are unsafe, materials hazardous, or where obvious nervous system injury has occurred.