This Comment examines two significant barriers to obtaining compensation from waste generators posed by traditional proof requirements, and proposes possible approaches for alleviating them. The author evaluates the plausibility of integrating strict products liability and risk share liability, an adaptation of market share liability, into a unified approach that may provide tort victims with greater access to legal remedies. The author suggests that the court adopt a more progressive analytical framework that is analogous to the theory articulated in Sindell v. Abbott Laboratories, and argues for an allocation of liability based on the relative risk share of generators in a toxic waste disposal "market," comprised of an aggregate threat of harm to a plaintiff created by a dumpsite.
Robert C. Vohl,
Unearthing Defendants in Toxic Waste Litigation: Problems of Liability and Identification,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol19/iss4/11