ABSTRACT

While government enforcement of laws and regulations to control the production of chloroflurocarbons in 1987 has been hailed as exemplifying the precautionary principle, for almost two decades US companies failed to take precautionary measures to prevent chemical emissions, despite the probable risk of stratospheric ozone loss. As a result, human harms in the form of skin cancer have reached epidemic proportions globally and in the United States where, today, one person dies every hour from skin cancer. This book reviews U.S. laws, regulations, and policies, as well as case law regarding similar toxic tort cases to consider whether companies can and should be held legally liable under tort common law theories and related tort justice theories for having contributed to increased risks of skin cancer.

part 1|78 pages

The ozone layer case

part 2|57 pages

Liability tests

chapter 4|47 pages

Negligence and strict product liability

chapter 5|8 pages

Public nuisance

part 3|24 pages

Defences

chapter 6|7 pages

Statutes of limitation and repose

chapter 8|3 pages

Regulatory compliance defence

chapter 9|6 pages

Downstream liability question

chapter 10|2 pages

Open and obvious risks

part 4|27 pages

Rationale, relevance and objectives of the ozone layer case