Friday, May 03, 2013
Controversy over FACT (Asbestos claims) bill questions concept of tort reform
There apparently are two sides to tort reform – a progressive idea that libertarians tend to like, as they would penalize frivolous lawsuits that small fry can’t afford to defend against. Tort reform seems very important, for example, in intellectual property law.
Yet in some occupational and health safety issues, it seems as though tort reform could hender protection of industrial or mining workers from protection, or from rehab after injury or illness. One such issue is asbestos and mesothelioma, a rapidly progressive lung cancer resulting from exposure.
Apparently the legislation at issue is called FACT, or the Furthering Asbestos Claim Transparency Act of 2012, from EcoWarch, here.
The relevant bbill seems to be H.R. 982. Govtrack (Blake Farenthold, R-TX) reference here
For example, the “Pop Tort Conspiracy has an article March 15, 2013 on the matter here.
I was informed about this issue in an email from Susan Vento of “Cancer Victims Rights”.
This group is called ACVRC, the Asbestos Cancer Victims’ Rights Campaign, link here.
And here is a perspective specifically for veterans, link.
Older homes with basements in much of the US often have some asbestos in construction, which often does not get disclosed unless a buyer asks for an inspection, and could conceivably jeopardize people who work in these homes repeatedly. The home repair business seems to take a "don't ask don't tell" approach on this one.