A Dose of Reality for the NYC Asbestos Litigation

A Dose of Reality for the NYC Asbestos Litigation

January 14, 2019

From New York Law Journal
By Joe D'Avanzo & Zachary Levy

In 1965, Ralph Nader’s “Unsafe at Any Speed: The Designed-In Dangers of the American Automobile” was published, raising the public’s conscientiousness of the auto industry’s disregard for safety in favor of profits. The book’s title was purposefully provocative, and its hyperbole was effective in grabbing the public’s attention. But in the world of toxic torts, “unsafe at any level” is insufficient to establish a prima facie case of liability in most jurisdictions in the United States. See, e.g., Lawrence G. Cetrulo, Toxic Tort Litigation Guide Appendix 33-A, Court Decisions re: “Single Fiber Theory" (November 2018).

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