occupational disease. A disease that is contracted as a result of exposure to debilitating conditions or substances in the course of employment. • Employees who suffer from occupational diseases are eligible for workers’ compensation. Courts have construed the term to include a variety of ailments, including lung conditions (such as asbestosis or black lung), hearing […]
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CERCLA (s[schwa]r-kl[schwa]).abbr. Comprehensive Environmental Response, Compensation, and Liability Act of 1980. • This statute holds responsible parties liable for the cost of cleaning up hazardous-waste sites.42 USCA §§ 9601 et seq. See SUPERFUND. [Cases: Environmental Law 436.] “CERCLA is probably the most controversial environmental law ever enacted. Supporters praise it as a vital program to
A now-illegal verdict, arrived at by hazard or lot. — Also termed gambling verdict; verdict by lot. [Cases: Criminal Law 798(2), 866; Federal Civil Procedure 1974.1. C.J.S. Criminal Law §§ 1372, 1381.]
Under the Fair Labor Standards Act, the employment of workers under the age of 16 in any occupation, or the employment of those 16 to 18 years old in particularly hazardous occupations. 29 USCA § 203(l); 29 CFR § 570.1(b). The Secretary of Labor may assess civil penalties of up to $10,000 per violation. 29
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Lone Pine order. A case-management order in a toxic-tort lawsuit involving many plaintiffs, establishing procedures and deadlines for discovery, including requiring the plaintiffs to timely produce evidence and expert opinions to substantiate each plaintiff’s exposure to the hazardous substance, the injury suffered, and the cause of the injury. Lore v. Lone Pine Corp., No. L-33606-85
Negligence resulting from a person’s failure or omission in acting, such as failing to remove hazardous conditions from public property. Cf. active negligence.
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abnormally dangerous activity. An undertaking that necessarily carries with it a significant risk of serious harm even if reasonable care is used, and for which the actor may face strict liability for any harm caused; esp., an activity (such as dynamiting) for which the actor is held strictly liable because the activity (1) involves the
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A condition that, though lawful in itself, is so negligently permitted to exist that it creates an unreasonable risk of harm and, in due course, actually results in injury to another. • It involves neither an intentional act nor a hazardous activity. — Also termed nuisance dependent on negligence. Cf. absolute nuisance. [Cases: Nuisance 1,
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extended-coverage clause. Insurance. A policy provision that insures against hazards beyond those covered (or excluded) in the basic policy. [Cases: Insurance 2662. C.J.S. Insurance §§ 928, 1049, 1673.]
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Agency for Toxic Substances and Disease Registry. An agency in the U.S. Department of Health and Human Services responsible for evaluating the impact on public health of the release of hazardous substances into the environment, for maintaining a registry of contaminated waste sites, and for conducting research on the effects of hazardous substances on human
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