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Pages:
2 pages/≈550 words
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Subject:
Law
Type:
Case Study
Language:
English (U.S.)
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Topic:

Asbestos Exposure: If You Were on this Jury, How would You Apportion Risk?

Case Study Instructions:

Instructions
Asbestos exposure is one of many chemicals associated with lung cancer. Smoking, radon, arsenic and other chemicals have been shown to also cause lung cancer.
If you were on this jury how would you apportion risk? What questions would you ask Ms. McCarthy that would help you make a reasonable decision on the toxic tort claim? What's your thought on this lawsuit?

Case Study Sample Content Preview:

2.1 A: Case Study
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2.1 A: Case Study
If You Were On This Jury, How Would You Apportion Risk?
It is clear from the situation provided regarding Ms. McCarthy that asbestos exposure can cause lung cancer. The more than 40 firms she sued will be responsible for paying her damages. She was exposed to asbestos secondarily, demonstrating that the businesses disregarded a moral obligation to their employees (Behrens, 2018). The companies did not take the necessary safety measures to prevent their personnel from exposing others to asbestos. In addition, companies are responsible for offering their workers a risk-free working environment, making them aware of the dangers posed by asbestos, and giving adequate safety procedures training. However, in this case, the company did not warn its employees about the dangers of being exposed to asbestos. That is why McCarthy's father and brother brought their clothes from work because they were unaware of the danger.
What Questions Would You Ask Ms. McCarthy To Help You Make A Reasonable Decision On The Toxic Tort Claim?
I would ask McCarthy to explain how she got into contact with her father's and brother's clothes and how long she has come into contact with them. I would enquire whether she had a recent medical report showing she had lung cancer and what prior medical documents indicated about her health. Furthermore, I would ask her to explain when she started getting ill to determine whether it is approximate to when she started coming into contact with asbestos. Smoking and asbestos exposure significantly increases a person's risk of acquiring lung cancer (Kratzke & Kratzke, 20...
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