Defenses, Privileges, And Damages
Strict Liability
Immunities
Statute of Limitations
Defamation and Invasion of Privacy
Defenses, Privileges, and Damages
Mass Tort Law Defense
The court ruled that the damages claimed from DuPont was primarily on the allegations of injuring local residents through the contamination of their property by the release of harmful substances like cadmium, arsenic and lead at the zinc smelting site of the company.
The case is a classic example of strict Tort. This is a case where the accused did not intentionally intend to cause harm to the injured and yet the actions resulted in alleged harm and discomfort. In this case, though DuPont did not intend to cause harm directly, the actions of the company allegedly caused harm to the local residents in terms of contamination and the injury to their property.
In the future companies would be more careful to take care of the possible harmful activities like the extraction and use of harmful chemicals during the production process and the proper and safe disposal of such waste. This verdict is clearly a precedent for future such allegations of strict tort and unintentional negligence (Batten, 2011).
The medical monitoring expenses would cost nearly $500 million as the plaintiffs claimed that the health factors affected by the poisonous chemicals be monitored over a period of 40 years that included the anticipated escalation in medical expenses over a period of 40 years.
DuPont can appeal to the Supreme Court of Appeals against the verdict.
UNIT 6: Strict Liability
Discussion 1
When medicines and cases where people's lives are permanently put at risk by the use of products that were supposed to have no harmful effects, it is logical that courts award such high value verdicts for compensation to the plaintiffs.
Most of the companies have third party insurance in relation to such law suits and the insurance...
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