ABSTRACT
The ozone layer case may be a genuine possibility and an opportunity to remedy the stratospheric ozone damage and to deter human activities which pose unreasonable risks and threaten long term consequences. The best route for a plaintiff favourable outcome to be achieved would be for US States to bring product liability failure to warn and public nuisance actions on behalf of their residents. Their burden of proof to establish causation will be much less daunting than for individual plaintiffs. However, to prove negligence, more credible evidence will be needed to confirm what the defendants knew about their products’ risks and about the feasibility of marketing alternative technologies. Such information which is not publicly disclosed could come to light through discovery procedures in litigation. Statutes of limitation and repose may be the most significant legal obstacles which will need to be overcome. A scientific, peer-reviewed report which clearly states the link between ozone depleting chemical production and the increased prevalence of skin cancers can help prove that the injuries are ripe for discovery.
