legal storm Brewing
around climate change
global Warming-related claims
could Be the Next hot-Button issue
in products liability litigation
It is now widely accepted that global warming will have profound conse- quences, but who would have predicted it would already be stirring legal
issues over Products Liability claims?
We know about the mass tort cases
related to firearms, Dalcon shields,
and breast implants. The litigation history surrounding environmental toxins
such as asbestos, tobacco, and gasoline
additives is also well documented.
Today, greenhouse gases (GHG) are
emerging as the next hot issue in the
area of toxic tort and environment
litigation.
Ultimately, it is expected that the
plaintiff’s bar, and the general public,
will readily support Products Liability
cases related to GHG. To this point,
GHG litigation has been largely unsuccessful, much like early cases involving
such fungible products as tobacco,
asbestos, dry cleaning chemicals, and
gasoline additives. However, due to
relentless attacks by the plaintiff’s
bar, cases surrounding those products
eventually found success.
Now, given the unique coverage
problems that greenhouse gases
present, many in the legal industry
predict that GHG torts will follow a
similar path.
In Massachusetts v. United States
Environmental Protection Agency, the
U.S. Supreme Court may have laid
the initial framework upon which the
plaintiff’s bar may pursue remedies
from GHG-related claims. The court
stated that “the EPA does not dispute
the existence of a causal connection
between man-made greenhouse gases
and global warming.”
The plaintiff’s bar will undoubt-
edly attempt to use the statement that
carbon dioxide constitutes pollution
(as defined by the Clean Air Act) to
its advantage. Surely, in future GHG
litigation, they also will rely upon the
verbiage in that case to find a causal
connection between GHG emissions
and damages. Along the way, issues
such as market share, pro rata fault,
occurrences, exposure, failure to warn
theories, and design defect theories
will certainly manifest themselves.
About Kaufman, Payton & Chapa
Locations: Detroit, grand rapids, and farmington hills, michigan
Founded: 1975
Staff: 15 lawyers
Expertise: the lawyers at Kaufman, payton & chapa practice insurance law.
from liquor liability cases to errors and omissions trials, the law firm of
Kaufman, payton & chapa represents cases involving a variety of excess
and surplus lines risks as well as standard insurance risks.
Contact: (248) 626-5000
