
This book looks anew at the tort remedy and reform proposals surrounding the modern debate on compensation for personal injuries. Arguing that serious distortions underlie the debate because of its focus on victims of traumatic accidents, the author calls for the consideration of other legally neglected but highly publicized sources of disability including man-made health hazards such as asbestos, tobacco, and Agent Orange, and socially-spread diseases such as AIDS. This ground-breaking study demonstrates that attention to such crucial issues explodes much of the conventional wisdom about just how to tackle reform and reveals that a fundamental rethinking of the compensation debate is urgently needed.
This book investigates the systemic inadequacies of current tort law and compensation frameworks when applied to non-traumatic, socially-spread, or man-made health hazards. Jane Stapleton, a legal scholar, critiques the prevailing focus on traumatic accident victims, which she argues creates a distorted view of personal injury litigation. By examining the legal treatment of complex health issues like asbestos exposure, tobacco-related illness, and the AIDS epidemic, the author proposes a comprehensive restructuring of how society addresses compensation for disability.
What You Will Find
Legal scholars and policy analysts frequently cite this work for its critical examination of the intersection between tort law and public health policy. The text is recognized for its academic rigor and its challenge to established legal doctrines regarding personal injury compensation.
Page Count:
224
Publication Date:
1986-10-16
Publisher:
Oxford University Press
ISBN-10:
0198255527
ISBN-13:
9780198255529
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