Maintaining Toxic Tort Claims against the Federal Government: A Case Study ofLiability Theories Defenses and Remedies

摘要

This paper assesses the viability of toxic tort claims under the Federal TortClaims Act (the FTCA or the Act). The scenario provided is offered as a fictitious history of one factual setting in which such claims may arise. Though the scenario suggests that both private and non-federal governmental entities contributed to the situation, the paper is confined to the FTCA. Only theories of liability, defenses and remedies are considered. Keywords: Exposure physiology; Law; Toxins. (kt)