Comment by Gail B. Agrawal
Actions for damages caused by insidious diseases confront the legal system with issues as complex and far-reaching as the technology giving rise to the diseases. The injured party will not discover the damage until years after his exposure to the disease-causing agent. This lapse of time raises special problems for the litigants. The importance of these issues becomes apparent when one contemplates the potential number of yet undiscovered injurious substances present in the environment. The effects of this type of litigation will not be limited to the litigants, but will include the public, the economy, and the industrial marketplace as well. Using asbestosis cases as a vehicle, this Comment will explore the controversy surrounding latent injury litigation and will focus on the indemnification debate among manufacturers of the disease-causing agent and their successive insurers.
About the Author
Gail B. Agrawal.
Citation
57 Tul. L. Rev. 1491 (1983)