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- Title
Nano-Torts on the Horizon: A Jack and Jill Story.
- Authors
Philip Calabrese, J.; Niehaus, Stephanie E.
- Abstract
To date, there has been little litigation surrounding nanotechnology generally, or nanosilver in particular. However, increasing criticism about the current state of scientific understanding of the potential health and environmental impacts of nanotechnology, combined with an emerging regula-tory framework, raise the specter of litigation in the near term. In all likelihood, traditional princi-ples of tort law will be used to frame and resolve disputes involving nanotechnology, meaning that consumer or other "no-injury" class actions are likely to emerge first. Although it is fair to say that most "nanotorts" are unlikely to proceed until a deeper understanding of nanotechnology and its potential risks to human health and the environment emerges, manufacturers of products incorpo-rating nanotechnology should at least begin to anticipate litigation and take proactive steps to miti-gate their legal exposure and understand their likely defenses, so that if and when litigation does emerge they are left holding more than just a proverbial "pail of water."
- Subjects
NANOTECHNOLOGY &; the environment; NANOTECHNOLOGY &; health; NANOTECHNOLOGY -- Law &; legislation; NANOSTRUCTURED materials; SILVER nanoparticles; ANTI-infective agents
- Publication
Nanotechnology Law & Business, 2012, Vol 9, p156
- ISSN
1546-203X
- Publication type
Article