Pop Culture Case Study

Erin Brockvich the story

Introduction: (from Law & popular culture – Michael Asimov, Introduced)

Law & Popular culture permeate every aspect of everyday life. Some scholars would believe that law underpins every social structure institution & relationship. As Paul Kahn wrote; the rule of law shapes our experience of meaning everywhere and at all times. It is not alone in shaping meaning, but it is rarely absent . Thus citizens have an intrinsic need to be informed about the law & the legal system. Popular culture - 1. Defines omni present as it is, steps in with a fusillade of images bearing opinion, fact & fiction in equal measure to fulfill this unmet need. Most people learn most of what they think they know about law & lawyers from consuming popular culture and popular culture both

Toxic Tort was coined to describe lawsuits in which plaintiff claim injuries as result of exposure to harmful substances. These injuries are in the nature of physical ailments like cancer, birth defects or other disease. There are also claims predicated not on current health problems but on those which may occur in future. Substances like asbestos, pesticide, hazardous waste are examples of the type of material frequently addressed in this type of litigation. Dr Alan Rudlin – Toxic tort litigation – 2007.

1. Causation always a challenge in Toxic Torts as the causal evidence is in direct or is weak. To demonstrate a causal connection the plaintiff has to first establish the defendants action or inaction must have been the “Cause infact” of the claimed injury. Such a claim requires an isolation of the cause from a host of other probable causes of the injury say cancer. Second the plaintiff has to prove “proximate cause” involving the questions whether there was a duty owed & was the injury