Student’s Name
Professor’s Name
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Third Party Litigation
Third-party litigation is considered a generic term that indicates a person who lacks a connection to the legal operations but may be affected by it. The case of Carolyn McCarthy, who filed a suit in 2013 against more than 40 companies dealing with asbestos products, poses significant challenges to the courts. However, as a member of the jury, I would apportion risk based on the fact that both smoking and asbestos cause cancer. Therefore, risk contribution may be used as the basis for apportionment with independent non-asbestos factors capable of causing McCarthy’s cancer. In addition to the asbestos particles that McCarthy was exposed to, she was considered a lifelong smoker.
One of the questions that I would pose to McCarthy would be the convenience of her toxic tort claims. While McCarthy’s decade-long habit has been associated with lung cancer, it would provide her as well as other defendants with an authoritative argument of their irresponsibility (Boggio 178). However, McCarthy raises the lung cancer issue later after the courts have established that asbestos is harmful, yet not included in new products. Additionally, McCarthy needs to clarify why a well-insured and compensated federal employee had not taken legal steps earlier once she discovered the effects of smoking and asbestos.
Patients
with lung cancer attributed to the
synergetic relationship between smoking and asbestos particles can hold manufacturers accountable. McCarthy’s litigation
has received significant attention from people from different disciplines,
particularly in the legal field considering the controversy surrounding it. The
synergy between smoking and asbestos is a volatile mix that leads to a variety
of health issues. However, while the manufacturers were responsible for the
asbestos deposits, the plaintiff is also liable to the extent of the effects
caused by their smoking.
Works Cited
Boggio, Andrea. Compensating Asbestos Victims: Law and the Dark Side of Industrialization. Routledge, 2016.