ERIC Number: ED268636
Record Type: RIE
Publication Date: 1986
Reference Count: 0
Legal Aspects of Asbestos Abatement. Responses to the Threat of Asbestos-Containing Materials in School Buildings.
Exposure to asbestos in the air poses serious health threats, particularly to children. The use of asbestos in schools after World War II may have exposed millions of persons before regulations controlling asbestos use began appearing in the 1970s. Federal efforts to reduce exposure to asbestos have included passage of the Asbestos School Hazard Detection and Control Act of 1980 and the Asbestos School Hazard Abatement act of 1984, as well as regulations promulgated by the Environmental Protection Agency (EPA) in 1982. The federal government's failure to pursue or provide funding for its asbestos abatement programs adequately has forced schools to go to court for relief, and court decisions have substituted for regulations. Asbestos litigation can involve traditional theories of negligence, conspiracy, nuisance, enterprise liability, strict liability, and breach of warranty, as well as equity and bankruptcy law. Schools seeking relief should consider all theories of liability and all potential defenses of such suits. Schools unsuccessful in litigation or in applications for government assistance should strongly consider engaging in asbestos abatement in any case, given their potential liability in personal injury suits. Several relevant court cases are cited. (PGD)
Descriptors: Asbestos, Court Litigation, Federal Programs, Federal Regulation, Financial Support, Hazardous Materials, Legal Responsibility, School Law, Schools
Publication Sales, National Organization on Legal Problems of Education, 3601 S.W. 29th, Suite 223, Topeka, KS 66614 ($6.95 plus $1.50 postage and handling, prepaid; actual postage will be added to billed orders).
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.