ABSTRACT
In common law, a person injured or suffering property or other losses as a result of exposure to hazardous substances must show that his injury or loss was the result of someone’s “fault,” that is, that someone had acted negligently or without care, causing the injury or loss. Generally, in litigation involving hazardous substances, the plaintiff (victim) must demonstrate a causal connection between the loss or injury and the environmental condition for which the defendant is allegedly responsible. Generally, risks arising from the use of pesticides may be covered by negligence and strict liability. These risks are grouped under three headings: risk to operator or user, risk to the consumer of a treated commodity and risk to others such as workers, passers-by, children, livestock domestic animals and wildlife. The criminal and civil codes of municipal systems attract violations of this kind. This chapter examines briefly the practice of India and the United States.
