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Preparing for Future Health Litigation: The Application of Products Liability Law to Nanotechnology
Volume 3, Issue 1

John Monica, Jr., Porter Wright Morris & Arthur, LLP
Patrick T. Lewis, Porter Wright Morris & Arthur, LLP
John C. Monica, Shook Hardy & Bacon, LLP

Nanotechnology is quickly emerging as one of the foremost innovations of the 21st Century. The technology which involves the creation, manipulation, and application of materials at the nanoscale is already being used in such diverse consumer products as machine lubricant, tennis balls, wrinkle resistant clothing, and sunscreen. In the near future, advanced new drug-delivery systems based on nanomaterials are expected to take the biomedical industry by storm. However, no industry including the nanotechnology industry is beyond the reach of American trial lawyers. Concerns about possible health and safety hazards posed by nanomaterials are being raised among labor unions and environmentalists; trial lawyers cannot be far behind. Some have even begun to compare nanotechnology to asbestos, a material plagued by $70 billion in litigation over the past three decades. This article explores the basic law of products liability, including the law of defective design, defective manufacture, and failure to warn claims, as applicable to future health litigation involving nanotechnology products.

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