Tuesday, August 21, 2007

Prospective Plaintiffs

It should have been possible to predict- tort law has now moved into realms of injuries that might occur.

"Less than a week after Mattel recalled about nearly a million Chinese-made toys in the U.S. believed to be contaminated with lead paint, an Alabama mother has filed a lawsuit seeking class-action status in the Central District of California against the company and Target, which sells Mattel toys, alleging negligence and asking for funds to medically monitor kids that “suffered an increased risk for serious health problems.”

For centuries, the basis of tort law is that an injury or damage has occurred (that's what a "tort" is). Now, we're moving back to the future.

This is, of course, consistent with those ambulance chasers who want to use their time machines to sue contemporary society for the effects of slavery, the Black Death, the eruption of Pompeii in 79 AD. The fun never stops, and is no coincidence that this lawsuit, although originating with someone in Alabama, is being filed in "-the Central District of California." Them folks in Alabama ain't advanced enough to allow this lawsuit, no doubt.

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