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TOXIC TORTS GLOSSARY |
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Glossary of Toxic
Torts Terms
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B
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D
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G
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J K
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Para Occupational Exposure: Exposure to
asbestos through the fibers that cling to worker's clothing, shoes, skin and
hair.
Pathologist: A specialist physician expert
in the origin and development of disease and the microscopic analysis of body
tissues.
Pathology: The study of disease.
Permissible Dose: The dose of a chemical
that may be received by an individual without the expectation of a significantly
harmful result.
Persistent Pesticides: Pesticides that do
not break down chemically or break down very slowly and remain in the
environment after a growing season.
Phenols: Organic compounds that are
byproducts of petroleum refining, tanning, and textile, dye, and resin
manufacturing. Low concentrations cause taste and odor problems in water; higher
concentrations can kill aquatic life and humans.
Plaintiff: The party who initiates a
lawsuit by filing a complaint with the clerk of the court against the
defendant(s).
Pleura: Membrane lining the lungs and
chest cavity.
Pneumoconiosis: Fibrosis and scarring of
the lungs as a result of repeated inhalation of occupationally associated dust,
such as silica, asbestos, and coal dust.
Pollutant: Generally, any substance
introduced into the environment that adversely affects the usefulness of a
resource.
Pollution: Any substances in water, soil,
or air that degrade the natural quality of the environment, offend the senses of
sight, taste, or smell, or cause a health hazard. The usefulness of the natural
resource is usually impaired by the presence of pollutants and contaminants.
Polychlorinated Biphenyls: A group of
toxic, persistent chemicals used in electrical transformers and capacitors for
insulating purposes, and in gas pipeline systems as a lubricant. The sale and
new use of PCBs were banned by law in 1979.
Potentially Responsible Party: Any
individual or company-including owners, operators, transporters or
generators-potentially responsible for, or contributing to a spill or other
contamination at a Superfund site. Whenever possible, through administrative and
legal actions, GPA requires PRPs to clean up hazardous sites they have
contaminated.
Product Liability Defenses: The doctrine
of "strict liability" has long applied in suits involving defective
products. Strict liability ensures that one who is responsible for bringing a
dangerously defective product into the marketplace or workplace compensates
those injured by the product. However, some states have enacted new defenses for
those who manufacturer or sell defective products. For example, some laws
establish a presumption that an injury-causing product, drug or medical device
is not defective or unreasonably dangerous if the product complies with
government standards. This benefits manufacturers that profit from weak and long
out-of-date health and safety standards, like manufacturers of cars, trains,
factory equipment and school buses. Other provisions require an injured consumer
to prove the existence of an "alternative design" for a defective
product, which would have prevented the harm but would not have hurt the
product's marketability. This forces plaintiffs, who are at a distinct
disadvantage when it comes to knowledge about technical design alternatives, to
prove the existence of such alternatives when this defense is raised. Other laws
immunize manufacturers that produce products with design defects if the products
have "obvious risks," like tobacco, or are considered
"unavoidably unsafe," like guns -- even if a defective gun
accidentally discharges and kills someone.
Propellant: Liquid in a self-pressurized
pesticide product that expels the active ingredient from its container.
Pulmonologist: A specialist physician
expert in the treatment of lung disease.
Putrefaction: Biological decomposition of
organic matter, with the production of ill smelling and tasting products,
associated with anaerobic (no oxygen present) conditions.
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