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Torts Law Center: Focus on Products Liability & Toxic Torts
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Emerging Toxic Torts
3/24/2008 8:05:52 PM EST
Nanomaterials: the next asbestos-like toxic tort or the greatest thing since sliced bread?
Posted by Rob Bae
Editorial Director, LexisNexis

Nanotechnology is developing rapidly, and many companies are already producing products that contain engineered nanomaterials ranging from consumer products like sunscreens and cosmetics to industrial products such as bioengineered materials used to help contain and clean up toxic spills.   But are these products safe for workers who manufacture the products and the consumers that use them?  This question is the focus of a growing body of analysis that lawyers from both the Plaintiff's bar and Defense bar are closely monitoring (see, e.g., Jesse Ash and Antony Klapper Risk Mitigation Strategies for Companies Manufacturing Engineered Nanomaterials: A Products Liability Perspective, ABA Tort Trial & Insurance Section, Products, General Liability and Consumer Law Committee News, Fall/Winter 2007; available at http://www.abanet.org/tips/products/newsletters.html). 

I pose the question to this Torts Law Center community: what are the potential products liability and toxic tort issues arising out of emerging nanotechnologies?

For those interested in learning more about nanotechnology, here is a small but useful list of resources:

The pros and cons of nanotechnology are also the focus of an upcoming television series entitled The Power of Small to be broadcast on public broadcasting stations nationwide in April (see http://www.powerofsmall.org/.).

 

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