Section 33 Generally

• Library: Damages 2012

Plaintiffs may recover damages for exposure to hazardous or toxic substances by way of tort, statutory law, and constitutional law (inverse condemnation). The several theories of recovery include:

1. trespass;

2. nuisance;

3. negligence;

4. products liability;

5. ultra-hazardous activity; and

6. inverse condemnation.

Some federal statutes affect time limitations on private causes of action. Some federal environmental statutes provide for payment of expenses for...